Back injuries are a major reason for disability for Veterans. Just like in the civilian world, the major causes of service member back injuries are trips and falls. Because military personnel often work around dangerous equipment and under difficult conditions injuries from falls are common. Sometimes back pain may not develop until years after an injury.
Another frequent cause of back pain is osteoarthritis. Soldiers are at an increased risk for back injuries because the wear and tear on their joints can be extreme and excessive. Those on active duty face rigorous training, multiple deployments, and carry heavy equipment and body armor that can create intense pressure on their bones and contribute to arthritis. Other common spine issues are herniated discs, bulge discs, and compressed discs.
A common intervention for chronic back pain and instability is spinal fusion surgery, which involves surgically joining two or more vertebrae to eliminate painful motion or to stabilize the spine, but this surgery can have a profound impact on a Veteran’s life and mobility. Surgery may result in favorable ankylosis, where the fusion doesn’t adversely affect posture or mobility. Or it may result in unfavorable ankylosis, which leads to significant posture changes, walking difficulties, breathing challenges, and neurological issues. In short, an unfavorable spinal fusion outcome can severely impact your quality of life and you may be eligible for VA disability compensation.
Many Veterans think their back pain must be from an activity directly related to training or from wartime experiences. But that’s not the case. For example, if you injured your back in a car crash while on active duty you may be eligible for benefits. It does not matter whether the crash occurred in a military or private vehicle or whether it occurred on or off base.
Spinal conditions, including post-fusion outcomes, are rated under 38 CFR § 4.71a, focusing primarily on the resultant range of motion and functional limitations. If they determine that you have unfavorable ankylosis which is service-connected, the VA will assign a rating from 10% to 100%, reflecting the extent of the condition’s impact on your life.
Like for all VA disability claims, to be awarded benefits for an impairment related to spinal fusion you must have a current, diagnosed medical issue. You must have experienced an injury or illness during your time in service. And you must provide proof of a medical nexus—that is a connection—which links your condition to that in-service injury or illness.
If your back pain interferes with your ability to work, you may be eligible for Total Disability Individual Unemployability (TDIU) benefits. Individual Unemployability benefits pay the same as a 100 percent Veterans benefits rating. However, you do not have to have a 100 percent VA disability rating to qualify for Individual Unemployability benefits.
Like other back and spine issues, winning VA benefits can be complicated. But we can help. Cuddigan Law’s accredited VA attorneys are ready to fight for your rights. Give us a call or email us for a free evaluation of your individual situation and if you hire us, we don’t get paid until you win your case.
