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THE ULTIMATE GUIDE TO VA DISABILITY RATINGS FOR NECK PAIN

Neck pain has many different causes and can range from stiffness or an occasional ache to a condition that seriously limits the range of motion and may cause other symptoms. Neck injuries are common in the civilian world as well as in military service. The wide range of possible causes and the variance in severity may leave a veteran uncertain about whether a neck injury will be deemed a service-connected disability and how it will be rated. 

Service Connection for Neck Pain

A disability is considered service connected if you got sick or suffered the injury while serving in the military. Note that this doesn’t require that you are carrying out military duties at the time of the injury. While many service-connected disabilities occur in combat or otherwise in the performance of a servicemember’s military duties, that’s not a requirement. So, if you got in a car accident on base while you were off duty or slipped and fell in the mess hall and sustained a neck injury, your condition may still be service-connected. In fact, injuries that occur on leave may qualify. 

The injury may also have been sustained while performing non-combat duties, such as moving supplies or working on a vehicle. Even office workers can suffer neck pain and related complications from spending too much time seated in a particular position. 

Even veterans who know they suffered a neck injury on active duty don’t always connect that injury to their disability. That’s because some common conditions impacting the spine worsen over time. It may be years after separation from service that the condition begins to cause pain or limit range of motion. Your doctor is the best source of information about the likely causes of your neck problems. 

VA Disability Ratings for Neck Injuries

38 CFR §4.71a details the rating system for neck injuries and other spinal and musculoskeletal injuries. Ratings for cervical spine injuries are very specific, typically based on range of motion. However, your disability rating may not be so straightforward or may change over time. For example: 

• The listed disability ratings are for the neck injury only, but neck pain may be a secondary condition to another service-connected disability, leading to a combined rating, 
• Secondary conditions may be associated with neck injuries, leading to a combined rating, and
• Some neck pain and other cervical spinal issues, such as arthritis or bone spurs, may worsen over time. 

Common Neck Pain and Neck Injury Conditions

Cervical strain is one of the most common disabilities among VA benefit recipients. The VA groups lumbosacral strain and cervical strain together, so we don’t know what percentage of these disabilities are neck-related. But, the two conditions together account for more than 1.2 million VA disability recipients, and more than 78,000 new recipients in 2021. 

Most neck-only conditions that qualify for a VA disability rating are rated between 10% and 40%. For example: 

• Forward flexion of the cervical spine (range of motion bending the head forward toward the chest)  greater than 30 degrees but not greater than 40 degree – 10%
• Forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees – 20%
• Forward flexion of the cervical spine 15 degrees or less – 30%
• Combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees – 10%
• Combined range of motion of the cervical spine not greater than 170 degrees – 20% 
• Favorable ankylosis of the entire cervical spine (the neck  is fixed in an upright position) – 30%
• Unfavorable ankylosis of the entire cervical spine (the neck is fixed in a bent position) – 40%

However, it’s important to be aware that the diagnosed condition causing neck pain may not tell the whole story. And, the rest of the story may mean you’re eligible for a higher rating. For example: 

• When the whole spine is impacted rather than just the cervical segment, the disability rating may be higher
• A condition such as unfavorable ankylosis may create other disabilities, including difficulty walking, trouble eating, and even breathing problems

The connections may not be immediately obvious to you, and your doctor may not have mentioned the link between two conditions being treated. One step you can take toward ensuring that you receive the full disability rating your conditions warrant is to talk to your doctor about the causes of your various conditions and how they may be connected. Another is to work with an experienced veterans disability benefits advocate to put together the most clear and complete application possible. 

What if I Don’t Have a Diagnosis? 

If you have chronic neck pain you believe is connected to an incident that occurred during your military service but have not been diagnosed with a qualifying condition, you may still qualify for a disability rating and benefits. While it’s a tough case to make, pain alone can be found to be a qualifying disability if it is service-connected.

Evidence in Neck Injury Claims

Depending on how your injury occurred, your service records may already contain evidence. For example: 

• If you were in a motor vehicle accident, fell, or otherwise suffered a clear injury during service, your medical records will likely include information about the injury and your treatment, and
• Your separation assessment may have found issue with range of motion or other signs of trouble

This type of evidence in your military records is very helpful. But, it’s not necessarily required. Whether or not the injury and/or onset of the condition is documented in your military records, you’ll need to provide documentation from your current medical providers, as well as information about the limitations you face as a result of the condition. 

If you’re uncertain about whether you may qualify for VA disability benefits based on a service-connected neck injury, need help putting together a solid application, or are appealing a denial of benefits, an experienced veterans disability benefits advocate can help you determine the best next steps. To learn more about what Veterans Help Group can do for you, contact us or call (855) 855-8992 today.