Faq About Va Disability For Neck Pain
Did my neck pain have to start in combat for benefits?
No. Many veterans neck pain started from things such as falling off a tank in training or falling on a wet floor in a mess hall.
What if my neck pain started before military service?
If your military service worsened your neck pain, then you may be eligible.
What is the maximum allowed for disabled veterans?
Veterans can receive over $3,146 a month from the VA. The amount you are awarded monthly depends up your VA disability benefits rating. That amount will also go up if you have any dependents.
I was denied recently, can I appeal?
Yes. If you were denied within the last twelve months you have the option to appeal. If this has happened to you, please read the section below about appealing a neck pain veterans disability benefits denial .
I was denied years ago, can I re-file?
Yes. If you have let your appeal period run out, you have the option to start a new claim. Call us first, though, in case there are any other options for you.
If I was denied, can I receive my retroactive pay?
If you were denied benefits and are approved after your appeal, you will receive backpay. This payment will include all the money you should have been receiving had your claim initially been approved.
Do I have to pay taxes on my veterans disability benefits?
No. VA disability benefits are tax-free.
Will Woods and Woods take money out of my VA check every month as payment?
Not Being Able To Return To Work
If you are not found to be disabled under one of the above listings, you might still be eligible for Social Security Disability benefits if you are found unable to return to work. Social Security will assess your limitations and how they limit your ability to do work activities using a Residual Functional Capacity form.
Here are some limitations that neck problems can cause:
- Your ability to use your arms or hands may be affected, especially if you have decreased feeling in your arms.
- Your ability to turn your head may be limited, preventing you from driving or looking around.
- Your doctor may restrict you from lifting items over 20 pounds or reaching overhead.
- Your doctor may restrict you from bending the neck forward to look at computer screens or phones because that increases the level of pain and tension.
- You may lose coordination in your fingers due to cervical radiculopathy, causing you to frequently drop items or be unable to sustain fine motor movements like typing.
- Neck problems that cause severe pain in your neck or face can prevent you from being able to concentrate on tasks.
Does Having Neck Pain Make Me Eligible For Social Security Disability Benefits In Los Angeles
There are tons of different reasons why people suffer from neck pain. It could be something as simple as muscle strain, but it could also be as serious as debilitating nerve damage. People who suffer from conditions like degenerative disk disease, serious spinal injuries and similar issues may be truly disabled and need help with their day to day activities in the form of social security benefits. Its not, however, an easy path. Consider the following factors that go into determining whether you can get SSDI benefits related to neck pain, and when to call an attorney for help.
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Dont Worry You Wont Be Labelled As Disabled
Another important thing anyone considering the Disability Tax Credit should be aware of is that all claims and benefits within this program remain independent and confidential within Canada Revenue Agency . Only you, your medical practitioner, CRA, and anyone you have authorized, would be aware of your DTC claim and associated acceptance into the program benefits. Some of BMDs previous clients expressed that they were worried about applying for the DTC for some of these reasons, then after being provided with this information, they felt at ease and agreed to apply. It is important for DTC claimants to know that employers, family, friends, other health benefit program administrators, as well as any other entity that would not normally have access to your private income tax information, would not have access to any of your Disability Tax Credit benefits information. CRA is bound by very strict Federal Privacy Act guidelines that prohibit them from disclosing your private income tax information with any other source, without your express written permission.
Being approved for the DTC does not in any way formally designate or label a person as disabled. More precisely, being approved simply allows a person to qualify for an annual income tax reduction. In other words, being approved for the DTC is an income tax standing, not a medical standing. No other organization considers DTC approval as a formal medical classification in any way.
Qualifying For Disability Due To Spinal Nerve Root Compression
The Social Security Administration recognizes that severe nerve root compression can be debilitating, and as a result, it has created an official impairment listing in the SSA’s “Blue Book” of impairments. If your condition matches the requirements in this listing , you can get Social Security disability benefits.
Under the listing for nerve root compression , the SSA specifies the symptoms and severity required for nerve root compression of any kind to qualify as a disability. Basically, evidence of pressure on your spinal nerve root or spinal cord must be accompanied by all of the following:
- pain
- limitation of motion in the spine
- loss of sensation or reflexes
- muscle weakness, and
- a positive result on the straight-leg-raising test, both in a sitting or supine position, if the lower back is involved.
In addition, your nerve root compression problems must have lasted or be expected to last 12 months or more.
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Obtaining Ssd For Neck Injuries In Arizona
Neck pain and problems have several causes: muscle strain, worn joints, injury , compressed nerves, and disease. Neck injury claims typically involve:
- Degenerative disk disease
- Spinal meningitis
- Stenosis of the spine
Social Security will review your application and all of your medical records. Once again, the medical record must show that your back injury is expected to last at least one year. At Disability Attorneys of Arizona, we are well-aware of the importance of medical evidence in your disability determination. For this reason, we will work closely with your doctor to compile a comprehensive medical record that substantiates your claim.
You should know that you may be required to undergo a Consultative Exam with an independent physician chosen by Social Security. While the results of this exam will play in your claim, your medical record is of primary importance.
Our experienced disability attorneys are committed to helping you obtain the benefits you need and deserve for your back injury, whether through your initial application or the appeals process. Above all, we will always work in your best interests and fight to protect your rights.
Contact Our Experienced Arizona Disability Lawyer for Neck and Back Injuries
Which Fingers Are Affected By Cervical Radiculopathy
For example, the most common type of radiculopathy affecting C7 can create pain and weakness radiating from the neck to the triceps, hands and the middle finger. Another common cervical radiculopathy diagnosis in C6 can present as radiating pain from the biceps to the wrists and the thumb/ index finger .
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Neck Pain Or Cervical Spine Disorders And Disability
Neck Pain can be caused due to numerous medical conditions like nerve compression or damage, injuries to the joints, degeneration of the cervical spine due to aging, or some sort of injury or fall. Majority of the people who apply for SSD benefits due to neck pain have medical conditions like herniated disc of the cervical spine, degenerative arthritis of the cervical spine impingement of the nerve roots, or whiplash injuries to the neck. Some of the symptoms associated with neck pain are numbness, frequent headaches, severe nausea without or without vomiting, dizziness or lightheadedness, and difficulty with chewing and swallowing.
Working community most vulnerable to be disabled due to excruciating neck pain are individuals who spend long hours in front of the computers like data entry operators, software engineers, networking professionals etc. Also, individuals involved in construction which requires them to repetitively lift overhead also are predisposed to conditions causing disabling neck pain.
Will I End Up In A Wheelchair With Spinal Stenosis
If you experience pseudo claudication that makes it difficult to walk or move around, you will be considered for benefits from the SSA. Chronic pain, numbness, or weakness in your legs could make tasks like walking or driving very difficult. You may need to use a cane, walker, or wheelchair to get around.
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Neck Pain Disability Insurance Claims
Individuals who are unable to work due to neck pain may qualify to receive long-term disability and/or Social Security Disability benefits for a cervical spine disorder. If you have a disability insurance policy, you must meet the requirements of your specific policy. To qualify for Social Security benefits you must meet the requirements of the Social Security Administrations disability listing or demonstrate that you are unable to return to work as a result of your severe symptoms and resulting limitations.
The most common conditions that may appear on applications for neck pain disability benefits are herniated discs, degenerative disc disease, infections such as meningitis, inflammatory disorders such as arthritis, certain types of cancer, pinched nerves, and whiplash, though there are many other conditions that can cause neck pain. Symptoms of a cervical spine problem may include pain, numbness, tingling, headaches, nausea, dizziness, problems swallowing and chewing, and sharp, shooting pain.
Neck pain and cervical spine problems can have a number of different medical causes, such as nerve compression or damage , a bulging or herniated disc, muscle tears or strains, joints that become worn, injuries, disease, and other chronic and degenerative changes.
Meeting A Musculoskeletal Disability Listing For Neck Problems
The Social Security disability listings for musculoskeletal disorders address one of the causes of neck pain and problems, though there are other ways to qualify for disability benefits for other causes. But if you meet the requirements of the medical listings because of severe problems in your cervical spine, Social Security won’t even have to consider how your neck problems limit your activities you would be approved for benefits right away.
Social Security updated its spinal disorder listings in April 2021, and now there is really one spinal listing that can be used to get disability for neck problems. This is the new Listing 1.15, for disorders of the spine resulting in “compromise of a nerve root.”
Compromised nerve roots. Individuals who have a compromised nerve root of the cervical spine often suffer from arthritis of the facet joint, a cervical bone spur, or a herniated disc in the upper spine. They may have numbness, tingling, or pain in the neck, shoulder, arm, hand, or fingers, called “cervical radiculopathy.” If the inflammation or impingement of the nerve root becomes severe, they may have difficulty using their hands and fingers for fine motor movements such as typing, writing, or gripping and lifting objects.
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Winning Disability Benefits For Neck And Cervical Disorders
Claims for disability benefits for neck and cervical disorders are some of the most common disability claims in Canada.
This is because a majority of workers experience neck pain either due to their occupation or from everyday movements like bending and lifting. Since it is so prevalent, claimants find that their applications for benefits are often denied. This article will discuss how you can make your claim stand out and increase your chances of approval. This article is part of our series looking at medical conditions and disability benefits.
How Does Va Rate Neck Pain
Similar to VA disability ratings for back pain, VA uses the General Rating Formula for Diseases and Injuries of the Spine under 38 CFR § 4.71a to evaluate the majority of neck pain conditions. This rating formula is based mainly on range of motion measurements according to the following criteria:
Examples of conditions that often cause neck pain are rated using the above formula include the following:
- Cervical strain stretched or torn muscle or tendon in the neck
- Degenerative arthritis of the spine degeneration of the cervical vertebrae resulting in pain
- Cervical spine stenosis narrowing of the spinal canal in the neck
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Secondary Service Connection For Conditions Associated With Neck Pain
Secondary service connection is when a veterans already service-connected condition causes a new, separate disability, or aggravates a preexisting disability, that is not service-connected. Veterans can receive disability compensation for that new or aggravated condition as a result of their already service-connected disability.
Secondary conditions commonly occur as the result of service-connected orthopedic conditions. Examples of secondary conditions associated with neck pain include radiculopathy, due to a compressed nerve in the cervical spine, and migraine headaches. To establish secondary service connection for these conditions, veterans must show that the onset and/or progression of each condition is the result of their neck pain.
Neck Pain And Va Unemployability Benefits
Unfortunately, it is very difficult to get TDIU from neck pain alone. Since most of the tiers are 50% and below, none of them can be the main disability to qualify you for TDIU. The closest you could get with the fewest ratings would be to have a 40% or 50% rating for your neck and then another 40% rating for something else.
The VA doesnt usually give 100% TDIU for just a single disability. They typically add up disabilities and veterans meet the criteria like this:
1. You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilitieswith at least 1 rated at 40% or more disabling and a combined rating of 70% or moreand2. You cant hold down a steady job that supports you financially because of your service-connected disability. Odd jobs , dont count.
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Your other disability could be a secondary service connection and still work to qualify you for TDIU.
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Can You Get Disability In Arkansas For A Neck Injury
We Fight for Injured Victims in Arkansas Every Single Day
Accidents are part of our everyday lives. Unfortunately, thousands of Americans will experience a devastating injury caused by an accident in the workplace. Many of these injuries will require little recovery time, while others may persist for an extended period. One of the classic examples of injuries that can affect you to the point of being unable to work is neck injuries. Fortunately, you may be able to obtain compensation for your neck injury while you recover. Our Fayetteville AR disability lawyers are available to help you receive the benefit payments you deserve.
While Social Security Disability benefits are a necessity for many individuals, it is often challenging to prove you have a qualifying condition. Neck injuries are especially difficult because of the nature of neck and spinal damage. It is not uncommon to experience debilitating pain without sufficient medical evidence. Because of the problems involved, the majority of initial Social Security claims are denied.
Before filing for Social Security Disability benefits, it is important to speak with an experienced attorney. If you suffered an incapacitating injury that makes it impossible to work, monthly benefit payments could be necessary for making ends meet. It is crucial to have an advocate in your corner. Contact our law offices at 316-0438 to make an appointment.
Radiculopathy And Neck Pain
Radiculopathy due to a compressed nerve in the cervical spine can leave veterans with numbness, weakness, tingling in the shoulders, or progress along the entire arm and into the hand or fingers. Many veterans with cervical radiculopathy are experiencing degenerative changes in their spine that caused a herniated, bulging disc or degenerative disc disease that is pushing on a nerve causing neck pain.
While radiculopathy can be va secondary conditions to cervical spine problems, it can also be a sign of something worse. Make sure your doctor rules out other back problems, diabetes, or curculatory problems before apply for VA disability rating for neck pain. Radiculopathy can be a symptom of several other conditions that need different medical attention and, of course, may earn you a higher rating.
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Ssdi Is Based On Your Work History
SSDI does not take into consideration your financial assets. Instead, it takes into account your work history. Per the SSA, you get one work credit for every $1,470 that you make, and you can earn up to four credits a year. You could be eligible for SSDI if you have a minimum of 20 credits.
If you do not have enough work credits, you could still be eligible for benefits, depending on your age.
For a free legal consultation, call
Common Types Of Neck Injuries That Qualify For Va Compensation
Although the diagnosis might matter when it comes to conditions that deteriorate with age, such as problems with spinal discs or variations of arthritis, VA typically focuses on symptoms when assigning ratings.
Certain conditions can cause lasting issues that dont get worse over time. These injuries can be caused by a variety of factors. Any injury that is documented while an individual is enlisted is eligible for service connection. Combat and deployment do not factor into this decision, so even car wrecks that happen on leave are considered viable.
Some of the common neck injuries which VA will cover include the following:
Neck injuries can even be caused by sitting still for too long. Veterans nowadays may have to sit for multiple hours a day. If you experience back or neck pain from sitting in a chair for too long, you shouldnt be embarrassed to apply for VA benefits. Regardless of the cause, VA disability for neck pain is awarded to those injured while serving.
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