The rating will largely depend on whether you have lost range of motion as a result of stenosis. I have my transportation now. Trouble walking, and loss of bowel or bladder control may also result. The spine is considered as a minor joint. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." VA Ratings For Spinal Arthritis & Back Pain. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. About VA disability ratings. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Over time, you will attend additional annual exams at an area SCI Center. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . 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. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. We assign you a disability rating based on the severity of your service-connected condition. 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. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. Contacting us does not create an attorney-client relationship. Spinal conditions can cause nerve problems as well. Were You Denied VA Disability Benefits for Spinal Stenosis? 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. If these records do not exist, it may also be possible to support a claim with post-service medical records that show a significant worsening. Mayo Clinic notes that there are two different types of spinal stenosis: While occasionally a person suffering from spinal stenosis will show zero symptoms, often Veterans seeking VA disability compensation for spinal stenosis will display one or more of the following symptoms: Cervical Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, problems walking, neck pain, and bowel/bladder dysfunction. Your call is always free, and we wont charge you until after we have won your case. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. This narrowing can be caused by physical injury or degeneration of the spine. . which may qualify you for a higher rating. 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. When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. The disability rating is the highest rating produced by the rating tables. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 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. I was injured in Iraq on Nov 19 ,2007, I filed my claims when I got home from Iraq, the V/A called me yesterday and told me that I got a 60% rating for. For example, if rheumatoid arthritis of the spine results in pain with motion, the condition will be rated according to the criteria set forth in 5003 as described above. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Contacting us does not create an attorney-client relationship. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. However, these secondary service-connected disabilities are not cumulative. Since that time, we have provided compassionate Yes No Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. 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%. Its never too late to apply for VA benefits. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. You could be entitled to $3,627 per month! You may be owed compensation. The same veteran with a 100% disability rating would receive $3,106.04. This information is not a substitute for legal advice. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 For example, the specific code for degenerative arthritis of the spine is 5242. 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. Entire spine is frozen in an unfavorable position. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. . To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 That is, your stenosis wasnt diagnosed at the time, but it likely came about as a result of an injury or illness that has been established as service-connected. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Confidential or time-sensitive information should not be sent through this form. Spinal Stenosis by itself means literally nothing, other than that you have a narrowing of the spinal canal at some point (which about 70% of adults have normally). You may also qualify for a 100% rating if your back injury renders you. Use our VA disability calculator to estimate your combined VA rating and monthly payment. 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. 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices I want to thank Woods & Woods for not letting me give up. Back braces or corsets are $200 or more. An unfavorable position means your spine is locked in a position that is something other than vertical. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 They do not store directly personal information, but are based on uniquely identifying your browser and internet device. General VA Disability Compensation Benefits Claims Forums . While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. 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. All rights reserved. 20% Spinal Stenosis VA Rating SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) REPRESENTATION. 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 regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. This can lead to a misdiagnosis of spinal stenosis. . A TDIU is an award of increased compensation. 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. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. This will effectively increase your VA disability rating. Less frequently, stenosis can occur in the upper back (thoracic). 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. A very common impairment caused by this nerve compression is sciatica. As you can see, ROM measurements play a significant role in rating spinal conditions. Lumbar spinal stenosis . With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. 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. These are periods of acute pain severe enough for a doctor to proscribe bed rest. For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. 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. 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. Free Disability Evaluation: Step 1. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. To continue receiving VA disability benefits, you should be compliant with these exams. When symptoms are present, they usually start gradually and worsen over time. Have you been affected by Camp Lejeune water contamination? Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. 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 instance, which pages you go to most. In fact, occasionally, the back pain associated with spinal stenosis may be dwarfed by the nerve pain experienced in the legs, feet, arms, and hands. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. Yes No Does applicant expect to be out of work for at least 12 months? ). See Entitlement Considerations, Section B of this . However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. Some joints are referred to as major joints, while others are referred to as minor joints. 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. To find out more, view our Privacy Policy. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. 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. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). 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. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. When you visit web sites, they may store or retrieve data in your web browser. Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. Contact Info Is applicant currently receiving Social Security benefits? 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). Fax: (757) 220-9451. Muscle guarding occurs when muscles react to prevent pain or discomfort. 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. So, they compensate them for the disability on a secondary basis. The ratings range from 10% to 60%. 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. 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. In some cases, the VA may help veterans get surgery to treat spinal stenosis. Canes range from $25 to $100 and walkers can be more than $200. That is, they get it wrong more than half the time. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Rheumatoid arthritis is rated under its own rating system. An unfavorable position means that the spine is frozen in a position other than the natural upright position. The SSA has a specific disability listing for lumbar stenosis. However, Veterans can also receive disability compensation on a secondary basis. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. For example, a cervical spine with forward flexion of 15 produces a VA disability percentage of 30% and a lumbar spine with a total ROM of 120 produces a VA disability percentage of 20%, for an overall VA disability rating of 40%. . These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. 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. Phone: (757) 220-4529. Errors are frequently made when rating conditions. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Errors are frequently made when rating conditions. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Our goal is to help all fellow Veterans get the disability benefits they deserve. A favorable position means that the spine is frozen at the baseline position or 0% flexion. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. Do you have a low back (lumbar) injury related to your military service? Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Learn more about us, Veterans Disability Claim 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. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Schedule an MRI consultation today! Disclaimer: This information is not legal advice. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Please call for an appointment before visiting: Mail Processing Center: P.O. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . The spine is considered as a minor joint. Lack of cartilage causes pain and limitation of motion. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. 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. Ratings will fall between 0% and 100% disability. Spinal stenosis is a form of degenerative disc disease. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. 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. There are two types of spinal stenosis treatment: surgical and non-surgical. Extraschedular VA Disability Ratings Feel free to call us at (866) 232-5777 anytime. It results in chronic pain, numbness, and weakness in your body. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Rather, they are added using VA math. 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. Va rating of 60%. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Forever Grateful, [K.S.]. All information these cookies collect is aggregated and therefore anonymous. We get emails all the time asking if certain health problems qualify for benefits. If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer. You may not notice at the onset, but the pain will evolve slowly over time. Full eligibility requirements Experienced Social Security Disability Lawyer. Already working with us? The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. Most of the time, spinal stenosis occurs in the lower back and the neck. Unfavorable means any position that is not 0 degrees in flexion or extension. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. The information you obtain on this website is not, nor is it intended to be, legal advice. Hill & Ponton P.A. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. This is particularly true because nerve pain in the extremities can severely impact your earning ability. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. means your spine is locked in a position that is something other than vertical. Without these cookies, services you have asked for cannot be provided. The technical storage or access that is used exclusively for anonymous statistical purposes. Spinal stenosis Mental health disorders, such as depression and anxiety And more. 4.30 Convalescent ratings. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: If you were denied VA disability benefits for spinal stenosis, Chisholm Chisholm & Kilpatrick LTD may be able to help you through the appeals process. 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 VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). you viewed to avoid repetition. 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. 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.

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