Chad Barr Law
Free Case Evaluation
(407) 599-9036

Neck pain is a prevalent complaint among veterans, often stemming from various service-related factors such as combat injuries, repetitive strain, or vehicular accidents during active duty. This pain can manifest in different forms, ranging from stiffness and soreness to sharp, shooting sensations radiating down the arms.

The severity of neck pain can significantly impact daily activities, including mobility, sleep quality, and mental well-being. Veterans experiencing chronic neck pain may find it challenging to maintain employment or engage in physical activities they once enjoyed. Recognizing these struggles, the Department of Veterans Affairs (VA) provides disability benefits to eligible veterans based on the extent of their impairment.

Establishing a VA Service Connection for Neck Pain

Establishing service connection for neck pain is crucial for veterans seeking VA disability benefits. Service connection is the legal link between a veteran’s current condition and their military service. To establish service connection for neck pain, veterans must provide evidence demonstrating three key elements:

  1. Current Diagnosis of Neck Pain: A current diagnosis of neck pain from a qualified healthcare provider.
  2. Evidence of In-Service Injury, Event, or Aggravation: Evidence demonstrating that they suffered an injury to their neck or experienced an event that would cause an injury to their neck during their military service. This can be established through service records, incident reports, medical documentation, or statements from fellow service members who witnessed the event.
  3. Medical Nexus Linking Current Condition to Military Service: A medical nexus or connection between their current diagnosis of neck pain and their service-connected injury, event, or aggravation.

Common Neck Injuries Veterans Incur

Several types of neck injuries sustained during military service can lead to VA disability for neck pain in veterans. These injuries may result from various factors, including combat, training exercises, accidents, or repetitive strains. Here are some common types of neck injuries that could be the cause of neck pain:

  1. Whiplash: Whiplash injuries occur when the neck is suddenly jerked forward and then backward, often as a result of a rear-end collision or sudden impact. This rapid motion can strain the muscles, ligaments, and tendons in the neck, leading to pain, stiffness, and limited mobility.
  2. Cervical Strain or Sprain: Strains and sprains in the cervical spine (neck region) can occur due to overexertion, lifting heavy objects, or sudden twisting movements. These injuries involve stretching or tearing of the muscles and ligaments, causing localized pain and inflammation.
  3. Herniated Disc: A herniated disc occurs when the soft, gel-like material inside a spinal disc protrudes through the tough outer layer, often due to trauma or degenerative changes. When a herniated disc compresses nearby nerves in the cervical spine, it can cause neck pain, radiating arm pain, numbness, and weakness.
  4. Cervical Fractures: Fractures or breaks in the bones of the cervical spine can result from high-impact trauma, such as falls, vehicle accidents, or combat-related injuries. Depending on the severity and location of the fracture, veterans may experience significant neck pain, instability, and neurological symptoms.
  5. Degenerative Disc Disease: Degenerative changes in the cervical spine, such as disc degeneration, bone spurs (osteophytes), and facet joint arthritis, can occur naturally with aging or be accelerated by repetitive strain or traumatic injury. These degenerative changes can contribute to chronic neck pain, stiffness, and reduced mobility.
  6. Spinal Cord Injury: Severe trauma to the cervical spine, including spinal cord compression or injury, can result in debilitating symptoms such as paralysis, loss of sensation, and impaired motor function. Even partial spinal cord injuries can cause significant neck pain and neurological deficits.
  7. Soft Tissue Injuries: In addition to muscles and ligaments, other soft tissues in the neck, such as tendons, fascia, and bursae, can sustain injury from trauma or overuse. Inflammation, swelling, and scar tissue formation in these structures can contribute to chronic neck pain and functional limitations.

These are just a few examples of the type of neck injuries that can lead to VA disability for neck pain in veterans.

C&P Exam: Factors Considered in VA Disability Ratings for Neck Pain

Several factors influence the VA’s assessment of neck pain disability ratings. These include:

  1. Range of Motion: The VA evaluates the range of motion of the cervical spine, assessing the degree to which the veteran can flex, extend, rotate, and laterally bend their neck. Restrictions in movement due to pain or structural abnormalities can impact the disability rating. range of motion chad barr law
  2. Functional Loss:  A Veteran may be entitled to a higher rating for their neck pain even if they have full range of motion when there is evidence of pain, weakened movement, excess fatigability, and lack of coordination that cause additional functional loss.
  3. Neurological Symptoms: Veterans experiencing radiating pain, numbness, tingling, or weakness in the arms or hands due to neck-related nerve compression may receive a separate rating to account for these neurological symptoms.
  4. Treatment History: The VA also considers the effectiveness of treatment interventions such as physical therapy, medications, injections, or surgical procedures in managing neck pain. A history of unsuccessful treatments or ongoing symptoms despite medical care may warrant a higher disability rating.

Common Misconceptions About VA Disability Ratings for Neck Pain

Despite the VA’s efforts to provide accurate and fair disability ratings, several misconceptions persist among veterans seeking compensation for neck pain. Some common misconceptions include:

  1. Rating Based Solely on Diagnosis: While a diagnosis of neck pain is necessary to qualify for VA benefits, the disability rating is determined by the impact of the condition on the veteran’s functional abilities. A mere diagnosis without documented symptoms and limitations may not result in a favorable rating.
  2. Expecting Maximum Rating for Severe Pain: Veterans often assume that severe pain automatically warrants a high disability rating. While pain is considered in the evaluation process, the VA assesses the overall functional impairment caused by neck pain rather than the severity of pain alone.
  3. Underestimating the Importance of Medical Evidence: Comprehensive medical evidence is crucial for supporting a VA disability claim for neck pain. This includes detailed documentation of symptoms, treatment history, diagnostic tests, and opinions from healthcare providers linking neck pain to military service.

Secondary VA Disabilities from Neck Issues

There are several secondary VA disabilities that can arise as a result of neck pain. A secondary disability is one that develops or is aggravated as a result of a service-connected primary disability. In the case of neck pain, which may stem from various underlying conditions or injuries, several secondary disabilities can manifest due to the impact of the primary neck condition on other parts of the body or overall health. Some common secondary VA disabilities associated with neck pain include:

  1. Cervical Radiculopathy: Neck pain caused by conditions such as herniated discs or cervical spine degeneration can lead to cervical radiculopathy, which involves compression or irritation of nerve roots in the cervical spine. This can result in symptoms such as radiating pain, numbness, tingling, and weakness in the arms and hands.
  2. Shoulder Pain: Chronic neck pain can affect the surrounding musculoskeletal structures, including the shoulders. Over time, compensatory movements and altered posture due to neck pain may lead to shoulder strain, inflammation, and pain.
  3. Upper Back Pain: Changes in posture and biomechanics caused by neck pain may lead to discomfort and stiffness in the upper back, specifically the thoracic spine. Muscular imbalances and compensatory movements may exacerbate discomfort in the upper back region.
  4. Headaches: Neck pain can trigger tension headaches or cervicogenic headaches, which originate from the cervical spine and radiate to the head. The muscles, joints, and nerves in the neck can refer pain to the head, resulting in headaches that are often characterized by a dull, achy sensation.
  5. Depression and Anxiety: Chronic pain, including neck pain, can take a toll on a person’s mental health and well-being. Persistent discomfort, functional limitations, and the impact on daily activities may lead to feelings of depression, anxiety, or other mood disorders.
  6. Sleep Disturbances: Neck pain can interfere with sleep quality and contribute to sleep disturbances such as insomnia or disrupted sleep patterns. Difficulty finding a comfortable sleeping position due to neck discomfort can result in inadequate rest and fatigue.

When veterans apply for VA disability benefits for neck pain, they may also be eligible to receive compensation for secondary disabilities that arise as a result of their service-connected neck condition.

Chad Barr Law Can Help

If your VA rating was reduced and you want to appeal the VA’s decision or if you have questions relating to reductions in VA disability ratings, experienced VA attorneys at Chad Barr Law can help.

We offer comprehensive assistance in navigating the complex and often challenging VA disability appeals process. Our dedicated team is committed to guiding you through every stage of the process, ensuring that you receive the support and representation you need. From initial consultation to resolution, we are here to advocate for your rights and help you secure the benefits you deserve. With our experience and personalized approach, you can trust us to stand by your side and navigate the intricacies of the VA disability appeals process with confidence and peace of mind.