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Back Injuries in Veterans

Veterans Benefits Lawyer in South Portland, Maine

Back injury and spinal injury are among the most common situations for veterans in military service, given the grueling amount of physical labor they endure. Spinal and back injuries can range from excruciatingly painful to debilitating. These injuries take a toll on veterans’ lives and make living and doing the most basic of tasks near impossible. Reduced quality of living means that they might need disability benefits.

Since chronic pain or back pain in general limits activities ranging from working to mundane tasks such as bathing and dressing, veterans might need to establish a service connection to their back injuries in order to receive veterans (VA) disability benefits. Back injuries that are related to the individual’s military service are acknowledged by the VA.

Experienced VA Disability Lawyers Providing Assistance for Your Back Pain Claims

Navigating the concepts related to obtaining back pain claims and other injury benefits can be a tricky slope, which is why enlisting the help of a South Portland, Maine veterans benefits lawyer can truly be beneficial for veterans. A veteran benefits lawyer can offer legal representation should there be any hurdles in obtaining benefits for low back pain and can explain complex terms to their clients for a better understanding of their situation.

If you or a loved one is a veteran from South Portland, Maine, don’t wait in pain! Contact an experienced veterans benefits lawyer and get the rightful compensation you deserve.

How Does a Veteran Establish Connection for Back Pain Injuries?

Before a veteran can get back pain claims and get rightful injury compensation, they would first need to establish a connection for their sustained injuries or illnesses. Establishing connection has three categories, namely:

  • Current Disability – a current disability which is the result of a veteran’s military service makes them eligible for establishing connection. Disabilities such as exposure to chemicals resulting in undiagnosed illnesses also qualify. Current disability calls for medical diagnosis by a physician to enable veterans to provide medical evidence.
  • Injury while in Service – This category means that the veteran was injured or met an accident during service and the best way to prove this is through the service records along with medical evidence. Records and documents proving these must be obtained by the veteran in order to process their claim.
  • Medical Nexus – A medical nexus is a link between a veteran’s in-service injury or accident and the current disability. A C&P or compensation and pension examination must be undergone to determine the link.

In order to establish a service connection, the veteran’s lawyers must collect all necessary documents and files that prove the medical condition, be it low back pain, spinal injury, brain injury, or intervertebral disc syndrome that can cause disability and difficulty in living. Documents in the form of medical records and opinions from experts will determine if there is indeed a connection. Once compiled, a lawyer will submit these documents together with an argument supporting the veteran’s compensation claim.

Going through these processes can be tricky and confusing, especially if you haven’t any knowledge of veteran’s law. Don’t go through the hassle alone. Contact a South Portland, Maine lawyer who focuses on veterans’ benefits to get the rightful injury claim.

My Back Pain isn’t Directly Service- Related. Can I File for a Connection?

Veterans who have experienced back pain can file for back pain claims that aren’t directly related or caused by their service. Back injuries that have resulted from an already service-related condition are eligible for secondary service connection. In this scenario, a nexus is needed in order to prove a connection between the primary disability and the secondary disability. Don’t get confused, however, since secondary rating is different from increased rating. Secondary connection means that you are filing for a whole other pain claim.

What are the Back Pain Ratings?

Back pain ratings vary depending on the 38 CFR, Schedule of Ratings, Musculoskeletal System. The ratings’ criteria provided for by an examiner depends on the range of motion and how much function is lost. For example, the veteran might be able to move all the way but if he experiences pain at a certain angle or point, he should be able to receive disability benefits that are tantamount to his level of discomfort.

Flare-ups are also an important factor medical examiners must not overlook when determining veteran benefits. Veterans that experience flare-ups with back pain can obtain a higher evaluation due to the flare up being disabling in nature.

To smoothen out any confusion you might have regarding back pain claims, ratings or any long term disability you or a veteran loved one might have, seek legal assistance from an experienced and reputable South Portland, Maine veterans benefits lawyer. Veterans have already endured enough pain and depriving them of the rightful benefits adds fuel to the fire. Seek legal assistance when in this situation immediately.

How Much Compensation Can I Receive for Back Injuries?

Veterans’ monthly compensations depend on the disability, meaning the graver the back injury, the higher the compensation. A 0 to 100 percent rating is used by VA to give a percentage that is consistent with the severity of the back injury. Range of motion is the top criteria VA checks for compensation since range of motion can impact one’s movement and therefore affect their quality of living. If the range of motion is more restrictive, the compensation tends to be higher.

A 0 percent rating will not qualify a veteran for benefits while the other end of the scale, the 100 percent rating, will get the highest amount of benefits. A disability with a rating of 30 or higher makes the veteran eligible for additional compensation for qualifying dependents including spouses, minor-aged children, and dependent parents.

What is Individual Unemployability? Can I Get Back Pain Claims for It?

When a veteran cannot apply for a job or is unable to hold one down due to back injury, they are eligible for total disability based on unemployability. Total disability based on unemployability enables veterans to be a hundred percent compensated even if their scheduler rating does not meet VA’s 100% rating. In order to qualify for TDIU, a veteran must have a disability rated at least 60% or two disabilities with one rated as 40% disabling with a 70% combined ratio.

Navigating the veterans benefits system can be quite a challenge in itself, but it is one that you don’t have to lose in. Enlist the help of seasoned veterans benefits attorneys and obtain the compensation you need and deserve to make living with long term disability easier.

Need Legal Assistance for Your Back Pain Claims?

Are you a veteran dealing with back pain? Has your loved one rendered service in the military and is currently suffering due to a disabling injury? Worry no more. Contact the lawyers at Jackson & MacNichol to guide you or your loved ones in getting the rightful back pain claims they deserve. Call the veterans benefits lawyers of South Portland Maine at (888) 492-2941 in order to get legal representation for high chances of getting better compensation.

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