Was Your VA Disability Claim For Back Pain Denied?

United States Military veterans deserve legal representation that will fight on their behalf when they’re denied VA disability for back pain. Even if a doctor hasn’t been able to diagnose your condition, you might be able to receive benefits depending on your level of functional loss.

Many veterans experience back pain that can:

  • Limit your basic activities
  • Limit your ability to work and earn a living

Even bathing can be difficult.

VA benefits can help you remain financially sound, but in the past five years, receiving benefits has become increasingly difficult. Regulations and procedures are rapidly changing, making it almost impossible for veterans to keep on top of changes.

VetLaw is here to help. Veteran-owned, our firm doesn’t cost a dime until we’re successful with establishing entitlement to service connection or raising your compensation rating. Schedule a free case review today.

Denied VA Disability Claim for Back Pain

A denied claim doesn’t mean that it’s time to sit back and accept the decision. We’ll help strengthen your case so that you have the best chance of the appeal being approved.

You can also file an appeal if the VA provides a disability rating that is below your current level of disability.

How Does the VA Rate Back Pain?

The VA will use a series of diagnostic codes for areas of the spine. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition.

Ratings will fall between 0% and 100% disability.

If you have a 30% or higher disability rating, you may be able to receive additional compensation for dependents.

Ratings are assigned based on the condition. A 10% rating is given if forward flexion is between 60 and 85 degrees. Higher evaluations are warranted based on additional levels of disability up to a 100% disability rating for unfavorable ankylosis of the entire spine.

Common Causes of Service-Related Back Pain

Back pain often develops without a specific link to an injury, but common causes can include:

  • Accidents in a military vehicle
  • Injuries during training
  • Injuries during combat
  • Heavy lifting
  • Repeated movement injuries

Sometimes, the cause of the back pain isn’t apparent. If a veteran is involved in combat and is thrown from a military vehicle, the event can lead to back pain caused by a variety of conditions, such as strains, disk injuries, and even arthritis.

How Is Service Connection Established for Back Pain?

The VA will consider your condition to be service-connected if you can show that it was either caused or worsened by your military service.

It can be tricky to prove that your condition was caused by your time in the military, but not impossible. Your doctor will need to provide objective medical evidence that your condition is connected to your military service.

Veterans must provide evidence to back up their application for VA disability for back pain. Evidence will include:

  • Diagnosis of the condition – where possible – or an explanation of how back pain affects daily life (also called functional loss)
  • The event, injury, or illness that occurred in-service to cause the injury
  • Link, or medical nexus, between service-related events and the pain you’re experiencing

Secondary service connections may also be made. A secondary connection, for example, would link the back pain to another service-related condition. If a knee injury caused by your service altered your normal gait and led to back pain, a claim will be approved if the link is proven.

Types of Injuries That Can Cause Back Pain

A medical examination will be required to strengthen the claim and increase your chances of approval. Doctors may or may not be able to pinpoint the source of the pain, but it’s often linked to one of the following:

  • Arthritis. Spinal stenosis, or the narrowing of space around the spinal cord, can occur.
  • Bulging discs. When the material in the discs in the back rupture or bulge, it can create pressure on the nerves, causing significant pain.
  • Osteoporosis. This condition weakens the bone and can lead to fractures.
  • Strains. Both ligament and muscle strains can occur from heavy lifting or awkward movements.

You may be experiencing pain from fractures, sprains, strains, herniations, nerve damage, or other injuries.

Matthew  White

Experience

Appellate Attorney Matthew White represents veterans before the Board of Veterans Appeals and the United States Court of Appeals for Veterans Claims.

Brendan Garcia

Experience

Owner and Lead Attorney Brendan Garcia represents veterans in all 50 states with their VA Disability Appeals, in all stages of the VA Appeals process.

Contact a VA Disability Lawyer Today

A VA Disability Lawyer’s role is to assist you throughout the confusing and often frustrating appeals process if you have been denied benefits for your service-connected back pain. Generally, you need to be denied at least once before an attorney can assist, but once a lawyer is involved they will often be able to quickly determine what needs to be done in order to prove entitlement.

If your VA disability claim for back pain has been denied, be sure to contact the VA Accredited Attorneys at VetLaw right away to help make sure you get the entitlement you deserve.

VA disability ratings for back pain can range from 10% to 100%, depending on the severity of the pain, the range of motion the veteran is left with, and the frequency of the pain.

Multiple types of back problems can qualify for VA disability. Some of the most common include:

  • Lumbosacral strain
  • Spinal stenosis
  • Vertebral fracture or dislocation
  • Spinal fusion

Chronic back pain that is directly related to military service would be eligible for VA disability. If you suffer from a diagnosed disability such as chronic pain syndrome, you may also qualify for benefits under VA’s rating schedule for mental disorders.

Our Team Is Eager To Hear About Your Case!

Please fill out the form below, or give us a call, and we will get back to you as soon as possible. The more detail you can provide, the better we can determine if we can help you. (And even if we can’t take your case, we will do our best to offer other options, and point you in the best direction we can!)

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