VA Disability Ratings for Spinal Stenosis | CCK Law In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Evidence of diagnosis of your spinal stenosis while you were in the military; Information about an occurrence or an incident that occurred while you were serving led to the injury or aggravation of this injury; Medical nexus a medical description that connects the diagnosed stenosis with the particular occurrence that is said to lead to it. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. As you can see, ROM measurements play a significant role in rating spinal conditions. Both upper (cervical) and . These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Were You Denied VA Disability Benefits for Spinal Stenosis? This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. 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. The disability rating is the highest rating produced by the rating tables. The VA has a separate rating system for these conditions. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. You must have a positive imaging test (MRI, . 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. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. After recovery, the VA will re-evaluate their condition. Muscle spasms are involuntary contractions or extensions of muscles. have the greatest impact on the veterans ability to work. Errors are frequently made when rating conditions. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. 20% Spinal Stenosis VA Rating Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. You may also qualify for a 100% rating if your back injury renders you. Cookies help us deliver the best experience on our website. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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. The New Rating System for Back and Neck Spinal Disability - Lawyer Over time, you will attend additional annual exams at an area SCI Center. All information these cookies collect is aggregated and therefore anonymous. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. 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. If your condition meets the listing criteria, it will automatically be considered a disability. What Is Foraminal Stenosis And Can I Qualify For Benefits? Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. These complications of stenosis are called. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Spinal stenosis Mental health disorders, such as depression and anxiety And more. Spinal stenosis is most commonly experienced in the neck and lower part of the back. 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. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Our goal is to help all fellow Veterans get the disability benefits they deserve. 1.00 Musculoskeletal Disorders - Adult - Social Security Administration In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. Contact Info Is applicant currently receiving Social Security benefits? You may be eligible for VA disability benefits if you meet both of these requirements. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 A fair VA disability rating for spinal stenosis can be difficult to obtain. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Entire thoracolumbar spine is frozen in an unfavorable position. Do You Qualify for Long Term Disability Benefits? Contact Berry Law today if you need assistance appealing your VA decision. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Later you develop a spinal stenosis in your neck (cervical) area. VA.gov Home | Veterans Affairs Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Already working with us? This metric is used in calculating your VA disability rating. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Secondary service connection occurs when a service-connected disability causes another disability. Questions for those familiar with spinal issues and ratings We use cookies to ensure that we give you the best experience on our website. Their testimony can mean the difference between an approval or a denial of your case. If the condition is not severe enough to meet the above criteria, then the VA rating for back pain / arthritis will be based on specific symptoms. How the Blue Book Can Help with Spinal Stenosis SSD Claim Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. This field is for validation purposes and should be left unchanged. Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Have a current medical diagnosis for the disability, Have an in-service event or experience that led to the disability, Get a medical nexus connecting the in-service event to the current medical diagnosis. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. All rights reserved. Full eligibility requirements NOTE: Entitlement of a spinal condition includes spinal stenosis. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. VA Disability Ratings for Back Pain and Spinal Arthritis. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Spinal stenosis can make it tricky to obtain a fair VA disability rating. See Entitlement Considerations, Section B of this . These types of lawyers have experience dealing with the laws and rules that govern the VA and may have ideas and suggestions for increasing or challenging your VA disability rating. 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? These are periods of acute pain severe enough for a doctor to proscribe bed rest. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. These cookies allow the website to remember choices you make to give you better functionality and personal features. 4.30 Convalescent ratings. Entire spine is frozen in an unfavorable position. There are two types of spinal stenosis treatment: surgical and non-surgical. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. It will also help if someone else in your division remembers what happened. When these lateral nerve roots become compressed, it can disrupt the signals passing from your brain and spinal column out through the nerve roots to your arms, legs, and other parts of your body a condition called foraminal stenosis, which can cause radiculopathy. Appellant. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to secondary service-connection for the new or aggravated disability. For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. For instance, which pages you go to most. We are sorry that this post was not as useful for you! A favorable position means that the spine is frozen at the baseline position or 0% flexion. Additional medical appliances may be required. Back braces or corsets are $200 or more. 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 The amount of base compensation veterans receive . How to Win Your Disability Claim for Degenerative Disc Disease Your call is always free, and we wont charge you until after we have won your case. The disability rating may be even lower depending on the segment of the spine that is frozen. Conversely, when the lumbar spine (the lower section of the back) is affected, symptoms may cause pain and nerve sensations in the back, legs, and feet. In most cases, the medical listing will be insufficient. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 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. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. A VA lawyer can run through all the scenarios with you for obtaining a fair VA disability rating that reflects the ways spinal stenosis affects you. A TDIU is an award of increased compensation. Degenerative arthritis of the spine, sometimes referred to as facet joint osteoarthritis, causes a breakdown of the cartilage between the facet joints in the back of the spine. Neck muscle injuries. Please register to post comments. 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. VA Ratings For Spinal Arthritis & Back Pain. PDF VA/DoD Clinical Practice Guideline for Diagnosis and Treatment of Low It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. We invite you to contact us and welcome your calls, letters and electronic mail. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). It may result in a higher rating, and therefore a greater monthly disability compensation amount. 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Williamsburg, VA 23185. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Confidential or time-sensitive information should not be sent through this form. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. This is known as secondary service connection. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Herniated Discs. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. Berry Law gets Veterans the disability compensation they earned. Have you been affected by Camp Lejeune water contamination? By continuing to use our website, you agree to these updates. This can sometimes be difficult to establish. you viewed to avoid repetition. If the arthritis does not cause any episodes of incapacitation, but 2 or more joint groups are involved, then a 10% rating will be assigned. For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. This field is for validation purposes and should be left unchanged. 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. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Its never too late to apply for VA benefits. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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. To qualify for a 100% rating for stenosis, you would have to have severe ankylosis across your entire spine, locking your spine in an unfavorable condition, unless you have one or more severe secondary conditions. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. 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. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. 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. By using our website, you agree to the use of certain cookies. .. Jan 17, 2012 #2. The VA routinely mishandles spinal injury claims. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. What Happens If You Don't Treat Spinal Stenosis? Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Over time, you will attend additional annual exams at an area SCI Center. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. The ratings range from 10% to 60%. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. They may also be used to keep track of what [products, video, links, etc.] Copy this embed code to share the infographic on your own site. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. These secondary conditions would be rated separately from the underlying spinal condition. Federal Register :: Schedule for Rating Disabilities; The Spine Va rating of 60% | Physical Evaluation Board Forum The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 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). Learn more about us, Veterans Disability Claim Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 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. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020.
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