Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Sign in to follow this  
4MAC

Rating of spinal injuries

Question

I received compensation for a cervical spinal injury, but the injury to my lumbar spine was never rated. Should I file a claim for this injury also?

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

If you choose to file, it might be worth doing your homework first. It can help you get a step ahead.

The thoracolumbar segment is rated independently of your cervical segment, so you can have separate ratings for each.

If your cervical was recently rated, it might be worth it to look at the C&P examination results. They might have also done a workup on your lumbar.

Below is a link to §4.71a   Schedule of ratings—musculoskeletal system

https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_171a

You will have to scroll down a bit to get to the actual spine rating table. It helps to learn about the criteria ahead so you are aware of it.

Share this post


Link to post
Share on other sites

Ad

  • 0

The easiest way is to claim your lumbar/thoracic  secondary to your cervical.  You will not get the earlier date of your cervical claim, but you do not have to prove service connection.

How old is you cervical claim?

This works for me x3,  my lumbar/thoracic is secondary to my service connected cervical spine.  Both are rated 20% for "Range of Motion".  Also, even though arthritis is only rated 10% it is found by x-ray and it can spread to adjacent joints, etc.  So, if there is any mention of arthritis from your injury, you can work that to other joints when they start to give you problems.  Arthritis gets  you in the door, range of motion gets you the bucks.

Hamslice

 

Edited by Hamslice
damn spelling

Share this post


Link to post
Share on other sites
  • 0

Do you also have notes in your service medical records for a lumbar condition? If you are not too old, using arthritis for secondary might not work. It could take years for arthritis from the cervical joints to spread that far. If the secondary is not an option, then look at the direct connection. There has to be an incident causing the condition during active duty service, and a current diagnosis of the same or related condition. Finally there must be a nexus, or a link, between the two. If you do have a significant notation on a lumbar issue in your service medical file it may be the way to go.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines