How to Increase Your VA Disability Rating for Chronic Back Pain

Serving in the armed forces can be physically demanding and cause chronic pain that is debilitating. Back injuries are among the most common conditions experienced by service members, and if you suffer from chronic back pain, your mobility can be significantly limited and daily life can become challenging. You may already have received a disability rating from the Veterans Administration (VA), but this may not accurately reflect the severity of your condition, so you could be missing out on benefits that you deserve.

At the Veterans Benefits Law Group, we help veterans get the compensation they deserve. In this guide, we will walk you through the essential steps to build a strong case for increasing your VA disability rating for chronic back pain.

Understanding the VA’s Rating System for Back Conditions

The VA does not directly evaluate back injuries, but rather “limitation of motion” resulting from them. Your spinal condition will be assessed under the VA’s Schedule of Rating for Spinal Disorders, primarily under 38 C.F.R § 4.71a and Diagnostic Code 5237

Ratings are typically assigned based on the range of motion (ROM) in your thoracic and lumbar spine (mid- and lower back), or cervical spine (neck). However, the VA also takes into account specific, severe symptoms when assigning ratings. The general formula for ratings is:

• 10% – 20%: For pain with movement or slight limitation.
• 30% – 40%: For moderate to severe limitations of movement.
• 50% – 100%: For more severe issues, such as when the spine becomes locked in an uncomfortable position, or for disabling episodes.

It’s important to understand that your rating can be higher than the range of motion (ROM) measurement alone suggests, if you experience pain during movement. This is based on the Painful Motion Principle under 38 C.F.R. § 4.59, which requires a minimum 10% rating if any movement causes pain, even if the measured ROM is within the normal range.

Key Strategies to Build a Strong Case for an Increase

Increasing your rating requires demonstrating that your condition has worsened or that the initial rating did not fully capture the severity of your condition. Here are some ways you can build a case for this:

1. Document Everything: The Power of a Pain Journal

The VA needs to understand how back pain affects your daily life. One of the most effective ways to do this is by keeping a detailed pain journal. In this journal, please record the following information:

• The intensity of your pain on a daily basis (on a scale from 1 to 10).
• Specific activities that make the pain worse, such as sitting for 30 minutes or lifting groceries.
• Any radiating pain, numbness, or tingling you experience in your legs, especially in your sciatic nerve area.
• Incapacitating episodes when you are unable to work or are bedridden.

This daily log provides concrete evidence that goes beyond a single medical examination.

2. Seek a Thorough Medical Nexus Opinion

A successful claim depends on three things: current diagnosis, event that occurred during military service, and medical link between them. To increase your chances of success, you need to show that your condition related to service has worsened. One effective way to do this is to get an independent medical opinion from a specialist.

Ask the doctor to clearly state that your current back condition, which is more severe than before, is “at least equally likely” to have been caused or worsened by your original service-connected injury. This letter may be crucial in obtaining a higher rating for your disability benefits.

3. Claim All Secondary Conditions

Chronic back pain does not exist in isolation. It can often cause or exacerbate other medical conditions, which can also be considered secondary disabilities. For instance:

• Sciatica: Leg pain from nerve compression is reported separately under a different diagnostic code.
• Depression and anxiety: The constant pain and limitations on daily activities can lead to mental health issues.
• Sleep apnea: Pain can disrupt sleep, and weight gain from immobility can worsen or cause sleep disorders.

By providing these additional details, you will not only receive a higher overall rating, but also provide the VA rater with a more complete understanding of your disability.

4. Prepare for Your C&P Re-Examination

If you are applying for an increase in compensation, you may be scheduled for a new compensation and pension (C&P) evaluation. This is an opportunity for you to show the evaluator your worst day at work.

• Please do not “tough it out” when describing your pain. Be honest about how much it hurts and stop any movements that cause discomfort.
• Also, mention any secondary symptoms that you experience, such as radiating pain or numbness, as well as how the pain affects your mood and sleep patterns.
• To support your claim, bring copies of your pain diary and any recent medical records with you to the evaluation.

You Don’t Have to Fight This Battle Alone

Navigating the VA system can be challenging and complex. The rules can be strict, and it can be difficult to prove your case. An experienced back injuries attorney in Ridgeland, MS can make a significant difference. Veteran Benefits Law Group understands the legal intricacies of securing VA disability benefits for back pain. We can help you collect the necessary evidence, obtain a credible medical opinion, and create a compelling case that accurately represents the severity of your pain.
Contact our office at (601) 414-3707 to schedule a free consultation. All consultations are confidential and we handle cases on a contingency fee basis, which means you pay nothing if we don’t win.