Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. The VA routinely mishandles spinal injury claims. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. When your medical disability occurred during your service, it is almost always presumed to be service-connected. The technical storage or access that is used exclusively for anonymous statistical purposes. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. The spine is considered as a minor joint. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Later you develop a spinal stenosis in your neck (cervical) area. However, generally speaking, symptoms may include the following: Most often, spinal stenosis is caused by overuse or general wear-and-tear changes in the spine related to osteoarthritis. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. You may be owed compensation. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Phone: (757) 220-4529. 10 percent disability rating: $165.92 per month. These cookies allow the website to remember choices you make to give you better functionality and personal features. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . This field is for validation purposes and should be left unchanged. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. This field is for validation purposes and should be left unchanged. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Call 800-544-9144 today for a free case evaluation or contact us here. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Appellant represented by: Disabled American Veterans. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that theres a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Lumbar Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, pain or cramping in your legs when you walk, and back pain. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Whether it manifests itself in your back or through nerve pain throughout your extremities, a VA attorney can help you to obtain the medical examination and collect the records to support your VA disability claim. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. NOTE: Entitlement of a spinal condition includes spinal stenosis. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. This information is not a substitute for legal advice. Va rating of 60%. If you are concerned that your VA disability percentage for spinal stenosis fails to account for the extent of your disability, you may wish to speak to a VA benefits lawyer. This website adheres to the W3Cs AA Accessibility guidelines. Berry Law gets Veterans the disability compensation they earned. VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. The disabilities we propose to add are: spinal stenosis (a narrowing of the central spinal canal that causes pressure on the spinal cord and/or nerve roots, most commonly due to degenerative arthritis or degenerative disc disease) (diagnostic code 5238), spondylolisthesis or segmental instability (slipping of all or part of one vertebra forward . The amount of base compensation veterans receive . If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. An unfavorable position means that the spine is frozen in a position other than the natural upright position. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Additional medical appliances may be required. VA Disability Rating for Spinal Stenosis Depends on Range of Motion Spinal stenosis can arise from both degenerative conditions (such as arthritis, bulging discs, and herniated discs) and physical injury, such as bone fragments, dislocated vertebrae, or swollen tissues. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. Yes No Does applicant expect to be out of work for at least 12 months? This guide will break down how the VA rates back pain and spinal disabilities, so you can take the first steps toward making a claim. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be separately rated unless both are frozen in an unfavorable position. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Experienced Social Security Disability Lawyer. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. 4.30 Convalescent ratings. THE ISSUE. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Spinal stenosis can arise from both degenerative conditions (such as arthritis, bulging discs, and herniated discs) and physical injury, such as bone fragments, dislocated vertebrae, or swollen tissues. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. If a doctor doesnt use a goniometer to measure your ROM, In addition to the ROM measurements, the general rating criteria for spinal involves whether the cervical and/or thoracolumbar spine is frozen in a favorable vs. unfavorable position. Muscle spasms are involuntary contractions or extensions of muscles. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. As you can see, ROM measurements play a significant role in rating spinal conditions. Please register to post comments. Contact Info Is applicant currently receiving Social Security benefits? Disability benefits are paid for service-connected disabilities. At these exams, you can expect your doctor to ask you questions about your background and medical history, evaluate your symptoms and range of motion. It may also cause bladder and bowel issues. This data may be used to help optimize our websites and make them easier for you to navigate. We have updated our Privacy Policy. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Yes, you can. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. Spine Condition Ratings. Full eligibility requirements Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. These cookies are necessary for the website to function and cannot be switched off in our systems. Entire cervical spine is frozen in an unfavorable position. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. The spine is considered as a minor joint. Registration is FREE of charge! They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage. Less frequently, stenosis can occur in the upper back (thoracic). Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Already working with us? The rating will largely depend on whether you have lost range of motion as a result of stenosis. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. Trouble walking, and loss of bowel or bladder control may also result. have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? 4.71a Schedule of ratings - musculoskeletal system. Call 512-454-4000 for help today. This can lead to a misdiagnosis of spinal stenosis. The spine is considered as a minor joint. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Rheumatoid arthritis is rated under its own rating system. Vertebral fractures and dislocations (diagnostic code 5235). To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . VA Disability Claims List: What Conditions Can Veterans Claim? VA Ratings For Spinal Arthritis & Back Pain. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. About VA disability ratings. When pursuing a VA disability rating for back pain, its important to know your options. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. The VA will use a series of diagnostic codes for areas of the spine. Want to know if you qu. Some joints are referred to as major joints, while others are referred to as minor joints. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. This communication with the firm or any member of the firm does not establish an attorney-client relationship. If your spinal stenosis or foraminal stenosis is service-connected, or if your condition was aggravated because of your military service, you may qualify for VA disability compensation. Let's talk about your VA disability benefits. General VA Disability Compensation Benefits Claims Forums . So, they compensate them for the disability on a secondary basis. This can severely affect your movement and eventually takes a toll on your ability to move. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Spinal stenosis is a form of degenerative disc disease. The technical storage or access that is used exclusively for statistical purposes. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. we represent clients nationwide. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Hill & Ponton P.A. you viewed to avoid repetition. This metric is used in calculating your VA disability rating. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Function: Postural support of body; extension and lateral movements of spine. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. We assign you a disability rating based on the severity of your service-connected condition. Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. This can sometimes be difficult to establish. I want to thank Woods & Woods for not letting me give up. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. By continuing to use our website, you agree to these updates. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Your Condition Must be Connected to Your Service to Obtain a VA Disability Rating Spinal Stenosis, When it occurs in the cervical spine (the neck and upper section of the back). This will effectively increase your VA disability rating. WITNESS AT HEARING ON APPEAL. Neck muscle injuries. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. Have you been affected by Camp Lejeune water contamination? The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Yes No Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Extraschedular VA Disability Ratings All information these cookies collect is aggregated and therefore anonymous. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Feel free to call us at (866) 232-5777 anytime. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Stenosis can occur in the spinal column itself, or it can occur within the intervertebral foramen, which are the passages through which your nerve roots branch out laterally through the spine. 100% VA disability rating for spinal cancer. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Did you receive a VA disability compensation rating of 40%? With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. We are sorry that this post was not as useful for you! Under the VA regulations, you may request an extra-schedular rating for your disability. For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. We consistently provide experienced, compassionate and ethical representation to our clients. Does Spinal Stenosis Qualify for Disability Benefits? According to Mayo Clinic, a nonprofit academic medical center, spinal stenosis is a narrowing of the space where the nerves run through your spine, causing pain by putting extra pressure on these spinal nerves. Camp Lejeune Lawsuit. If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. These cookies dont collect information that identifies you. What is the diagnostic code for traumatic arthritis? You may be eligible for VA disability benefits if you meet both of these requirements. If you experienced a back injury during active duty, or an injury that later contributed to back pain, you may be eligible for disability benefits. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. To find out more, view our Privacy Policy. As the foramen close in, it can lead to those nerves becoming pinched. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, contact us today. That is, they get it wrong more than half the time. Schedule an MRI consultation today! The latter two will show whether soft tissue may be impinging or invading the spinal cord area. You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. Fax: (757) 220-9451. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. These cookies may be set through our website by our advertising partners. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation).
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