You may find it surprising, but 8% to 24% of military musculoskeletal injuries occur in the shoulder. This increased risk results from training, deployment, and carrying 100 pounds of the lightest kit in the world!
Veterans who suffer from pain and impaired shoulder movement may qualify for VA shoulder disability. Are you unsure about how to gain access to these benefits? Keep reading to get all the information you need.
In this article about VA ratings for a torn rotator cuff:
- What Is a Torn Rotator Cuff?
- Common Causes
- Common Symptoms of a Torn Rotator Cuff
- How a Torn Rotator Cuff Injury Impacts Daily Life
- How Is the VA Disability Rating Determined?
- VA Shoulder Disability Application Process
- Rotator Cuff Disability Rating
- VA Disability Rating for Shoulder Conditions
- Appealing Your VA Rating Benefits Decision
- Do You Have Questions About a VA Disability Application or Appeal?
What Is a Torn Rotator Cuff?
The shoulder is a “ball and socket” joint. The term, rotator cuff, describes a group of tendons and muscles around the shoulder joint.
The top of your upper arm bone (humerus) is the ball. The socket refers to a dish-like part of the shoulder blade (scapula) called the glenoid. This rotator cuff keeps the head of the humerus firmly within the glenoid.
These muscles and tendons also allow you to raise and rotate your arm. The bursa, a lubricating sac, lets the rotator cuff tendons glide smoothly as you move. A rotator cuff injury can involve any of these parts.
Common Causes
Rotator cuff injuries occur more often in older individuals. It’s also seen in people who perform repetitive overhead tasks or heavy lifting. This creates progressive wear and tear on the tendons causing degeneration.
Trauma can cause tears in the rotator cuff muscles or tendons. You can get in a car wreck, fall off a wall, or even get hit playing sports and tear your tendons. The extent of injury determines the level of treatment needed.
Torn rotator cuffs or degeneration often occur during military service. Studies show that 39% of these injuries are the result of weightlifting activities. Another 31% have unspecified causes.
The study also reported other causes or rotator cuff injuries. This included 11.5% related to training activities and 11.5% due to recreation or sports. Job duties during deployments accounted for 7.7% of the injuries. You can see that a lot of things soldiers to could cause a rotator cuff to rip.
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Common Symptoms of a Torn Rotator Cuff
A tear in the tendons causes pain in the shoulder and limits movement of the arm. An inflammation of the bursa, called bursitis, can also occur.
This can cause a dull ache deep in the shoulder or sharp pain with the movement away from the body. As the shoulder movement becomes more restricted, the arm gets weaker.
There are a number of back injuries that can earn VA disability even years later. One of our veteran’s disability lawyers explains some of those injuries and their ratings in this video:
How a Torn Rotator Cuff Injury Impacts Daily Life
Rotator cuff injuries cause a significant impact on daily life. Many people have trouble sleeping due to pain.
The muscle weakness makes it hard to reach forward, pull on objects, such as doors. It’s also difficult or impossible to reach up.
Assessment of these injuries often shows an inability to lift 8 pounds to shoulder level. For reference, a gallon of milk weighs 8.6 pounds.
Limited range of motion makes it hard to comb your hair and bathe all parts of your body, such as the armpits. Putting on or taking off a shirt can present a challenge as well. Depending on your work, you may not be able to perform the required tasks.
How Is the VA Disability Rating Determined?
The VA assigns disability ratings based on the severity of service-connected injuries or illness. This rating then determines the amount of monthly compensation you receive. It also establishes your eligibility for other VA benefits.
The VA rates your disability as a percentage. This percentage denotes the level that your disability impacts your general health and function.
If you have more than one disability, the VA combines your ratings. This “whole person theory” involves more than just adding the percentages together. No rating may be more than 100% because only Captain America is more than 100% able-bodied.
The VA looks at many pieces of evidence to determine your disability ratings. This includes the following:
- Healthcare provider records and diagnostic test results
- VA claim exam results, if requested
- Further information obtained from other sources including federal agencies
In some cases, an individual may have had a documented condition before their military service began. For some veterans, this pre-service condition may have become worse during active duty.
It this describes your situation, it’s important to document the change. This may qualify you for disability. The VA will determent the level of aggravation and assign a rating to reflect the change.
For example, a person may have entered with a 10% disability rating and now has a 20% rating. This means that they now have a 10% level of aggravation.
The VA compensation is a tax-free check that’s sent to you monthly. The purpose is to replace the income that you could earn if you weren’t disabled. It’s based on the severity of your disability and not on income.
Here is a video explaining how the VA combined ratings table works from one of our Veterans Disability Lawyers.
VA Shoulder Disability Application Process
It’s important to provide a complete and accurate application for VA disability. This may feel like an overwhelming task for some individuals.
Many people choose to get help from a VA disability attorney. We have experience in filing these applications. Woods and Woods, the Veteran’s Firm, also understands what the VA claims processor is looking for.
This helps ensure that your application is complete. It also makes sure you receive an accurate rating. Incomplete forms may cause delays in processing or rejection of your application.
Eligibility for VA Disability
The first step is to determine if you’re eligible for benefits. You must be a veteran or a qualified dependent.
Do you have a current injury or illness affecting your mind or body? Did you serve on active duty, active duty for training, or inactive duty training?
Do any of the following apply:
- Became sick or injured during military service that’s directly linked to service duties
- A pre-existing illness or injury became worse due to military service activity
- An illness or injury related to active duty appeared after separation
Do you have a “presumed disability”? This may include chronic illness that appears within one year after discharge. The illness is the result of a toxic chemical or other hazardous materials exposure. Any illness caused by time spent as a prisoner of war.
One of our VA disability lawyers goes over the Agent Orange Presumptive Conditions list in this video:
Supporting Evidence
You will need to submit evidence showing the extent of your illness or injury. It’s important to provide evidence supporting your current level of disability. Supporting documents can include VA and private medical exam reports.
If your condition has become worse since you were first rated, you can submit an appeal. You will need to provide VA and/or private medical and hospital records. They must clearly document a worsening of your condition.
You must provide evidence that the condition is service-connected. In addition to the medical records described, other evidence can help with your claim. This includes supporting statements from family members, friends, clergy, or law enforcement.
A buddy claim is a statement from a fellow service member over the age of 17 that witnessed the causative event. This evidence is key if your records aren’t available. Many veterans lost their records in 1973 when the National Personnel Records Center burned.
These statements should describe your condition and how it’s progressing. It’s also important to show the negative impact on your work and personal life.
All applications must include your DD214 or other separation documents. Also, submit all service treatment records.
You only have one year from the date you submit your application to file all evidence. Thus, it’s best to have everything ready before you file. Give us a call and we’ll work with you to track down your C-File and your other records. We’ll also look it all over to make sure we give you the right forms to apply for every possible benefit you can.
You have the choice of filing your claim in paper format or online. Some situations dictate which option you may choose. You don’t have to have a VA disability lawyer near you to file you application. Since we can do it all over the phone and file electronically, we can help you whether you live in San Diego or Springfield, we can help.
You don’t have to use a Veteran’s compensation lawyer that is nearby. We can work with you over the phone and apply or appeal electronically.
Expediting the Application Timeline
As of July 2020, the average wait for a VA disability claim application completion was 124.8 days. While it’s hard to wait, you must understand that the VA doesn’t expedite many claims. The most common reasons for claims expedition include:
- Advanced age
- Former POW
- Recipients of the Medal of Honor
- Demonstration of severe financial hardship
- Terminal illness
- Qualified survivors of POWs
- Veterans in the Fully Developed Claim program
If you wish to try and expedite your application, speak with a VA disability attorney. They can provide advice and help with the process.
Rotator Cuff Disability Rating
Each condition is assigned a VA diagnostic code. The code for a rotator cuff disability is 38 C.F.R. § 4.73, Diagnostic Codes 5304.
From there, the evaluator looks at several factors. For a rotator cuff disability rating, an important consideration is whether it’s on the dominant or non-dominant side.
The next evidence examined is the level of restrictions and disability. This leads to the following ratings based on severity for a rotator cuff injury:
- Severe: 30% dominant and 20% non-dominant
- Moderately severe: 20% for both shoulders
- Moderate: 10% for both shoulders
- Slight: 0% for both shoulders
Providing complete and accurate evidence ensures that you receive the proper rating. You can estimate your monthly disability payment using this VA Disability Rating Calculator.
VA Disability Rating for Shoulder Conditions
A rotator cuff injury describes one of many shoulder problems that can arise due to military service. The following describes ratings for similar conditions.
VA Disability Rating for Shoulder Range of Motion:
- Severe: 40% for dominant and 30% for non-dominant
- Moderately Severe: 30% for dominant and 20% for non-dominant
- Moderate: 10% for both shoulders
- Slight: 0% for both shoulders
This shoulder disability diagnostic code is 38 C.F.R. § 4.71a, 5201.
VA Disability Rating for Shoulder Labral Tear is similar:
- Severe: 40% for dominant and 30% for non-dominant
- Moderately severe: 30% for dominant and 20% for non-dominant
- Moderate: 20% for both shoulders
- Slight: 0% for both shoulders
The VA diagnostic code for a shoulder labral tear is 38 C.F.R. § 4.71a, 5203.
VA Disability Rating for Shoulder Bursitis:
- 25° maximum movement from the side: 40% dominant and 30% non-dominant
- Maximum movement midway between side and shoulder level: 30% dominant and 20% non-dominant
- Maximum movement to shoulder level: 20% for both shoulders
The shoulder bursitis VASRD code is 38 CFR § 4.71a, 5201.
Talk to Us About Your Claim: (866) 232-5777
Appealing Your VA Rating Benefits Decision
If you feel that your VA benefits rating is incorrect, you have the right to appeal. Hiring a VA disability lawyer can prove invaluable in making an appeal. You have a couple of approaches you may take for the appeal process.
Here, one of our VA disability lawyers talks about what we do when we appeal your case to the Veteran’s Administration.
Appeal Options
A Clear and Unmistakable Error (CUE) is also called a Motion for Revision. This states that the VA’s decision was wrong and you want your application reviewed again. The burden is on the veteran to show facts in the C File and regulations that prove the decision is wrong.
It’s somewhat rare for CUE claims to win approval. Thus, many veterans consider appeals or other legal approaches for the VA disability appeal process. If you’re unable to work, you may receive Total Disability Individual Unemployability benefits.
If you win your appeal and are due back pay, you will receive a lump sum check. This will date back to your effective date.
At times, the VA has the wrong effective date. This can be the reason for an appeal so that you’re paid the correct amount.
Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veteran’s Firm, is often asked about veterans’ disability claims and appeals.
The Timeline of Your Appeal
First, the Board of Veterans’ Appeals (BVA) must certify your appeal. Next, a hearing may be scheduled.
Many times, the veteran must submit paper briefs. Often, these paper briefs can take the place of attending a hearing. This saves time and doesn’t compromise the outcome.
The BVA then decides to deny, grant, or remand the application. A remand may entail instructions to the VA Regional Office asking for more evidence. It may even request the scheduling of an exam.
Applications that go to the US Court of Appeals for Veteran Claims (CAVC), have 3 possible outcomes. The CAVC may grant or deny your claim. The CAVC may send your case back to the BVA requesting a decision or further recommendations.
Use our VA disability calculator to estimate your
combined VA rating and monthly payment
Do You Have Questions About a VA Disability Application or Appeal?
Are you a veteran with a service-connected shoulder problem? Do you need help filing for VA shoulder disability? Woods and Woods has a team ready to help.
We never charge to help you apply for VA benefits or appeals. You will only pay a fee if we win your VA disability benefits case together. Our team works with you to make sure you understand each step of the process.
We have helped many veterans with legitimate claims navigate the appeals process. Take advantage of our experience and expertise. Contact us today for a free legal consultation.