For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Fax: (757) 220-9451. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. 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. In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. General VA Disability Compensation Benefits Claims Forums . Full eligibility requirements Appellant represented by: Disabled American Veterans. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. QUALIFYING STATEMENTS . IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. We consistently provide experienced, compassionate and ethical representation to our clients. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. 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. This narrowing can be caused by physical injury or degeneration of the spine. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Since that time, we have provided compassionate Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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 . However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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 All rights reserved. In order to be granted a VA disability rating for spinal stenosis at 30%, you must meet either of these conditions: Unfavorable ankylosis of the entire cervical spine, or Favorable ankylosis of the entire cervical spine, where your spine is fixed in place but at a neutral position at 0 degrees. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Without these cookies, services you have asked for cannot be provided. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. These cookies do not store any personal information. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. These secondary conditions would be rated separately from the underlying spinal condition. 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. 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. 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 technical storage or access that is used exclusively for statistical purposes. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Camp Lejeune Lawsuit. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. 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. Muscle guarding occurs when muscles react to prevent pain or discomfort. These cookies may be set through our website by our advertising partners. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). Our firm was founded in 1986 in Orlando, Florida. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. I served during peace timein theArmy. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. We invite you to contact us and welcome your calls, letters and electronic mail. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. This will effectively increase your VA disability rating. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 For example, if you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation. We have updated our Privacy Policy. Over time, you will attend additional annual exams at an area SCI Center. have the greatest impact on the veterans ability to work. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Feel free to call us at (866) 232-5777 anytime. Berry Law gets Veterans the disability compensation they earned. 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. 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. If you do not allow these cookies, you will experience less targeted advertising. This information is not a substitute for legal advice. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Trouble walking, and loss of bowel or bladder control may also result. . See Entitlement Considerations, Section B of this . A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 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. Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. Herniated Discs. 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. . When pursuing a VA disability rating for back pain, its important to know your options. Muscle spasms are involuntary contractions or extensions of muscles. Spinal stenosis can cause symptoms throughout the body. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. The diagnostic code for rheumatoid arthritis is 5002. Function: Postural support of body; extension and lateral movements of spine. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Call 800-544-9144 today for a free case evaluation or contact us here. You could be entitled to $3,627 per month! The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. We advocate for the disabled. This can severely affect your movement and eventually takes a toll on your ability to move. 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. 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. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Entire spine is frozen in an unfavorable position. For example, a car accident or other trauma such as a back injury caused by service, can dislocate or fracture vertebrae, which could lead to spinal stenosis. 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. VA Disability Claims List: What Conditions Can Veterans Claim? 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. Please register to post comments. 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%. Have you been affected by Camp Lejeune water contamination? 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. 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? Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Get Directions. For example, the specific code for degenerative arthritis of the spine is 5242. 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. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. VA Disability Ratings for Back Pain and Spinal Arthritis. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. The disability rating may be even lower depending on the segment of the spine that is frozen. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 It is the problems that may be CAUSED by Spinal Stenosis that are rateable. This makes sense because a spine frozen in an unfavorable position would place the greatest stress on the body and have the greatest impact on the veterans ability to work. 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. Disability benefits are paid for service-connected disabilities. You should know that it's impossible to get disability benefits if you aren't . This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. To facilitate this process, the VA has created a ratings table. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. I suffer from many health issues due to the trauma that happened to me in 1980. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Lumbar spinal stenosis results in low back pain, as well as weakness, numbness, pain and abnormal sensations in the buttocks, thighs, legs, calves, and feet. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Background In 2017, 4.5 million veterans with medical conditions or injuries that occurred or worsened during active-duty service received disability compensation from the Department of Veterans Affairs (VA). To provide even more value to our veterans, this page is only available with an All-Access Membership. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 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 fair VA disability rating for spinal stenosis can be difficult to obtain. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 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. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Yes No Does applicant expect to be out of work for at least 12 months? Registration is FREE of charge! Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. 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. 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. Cookies help us deliver the best experience on our website. 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. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . 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. You may also qualify for a 100% rating if your back injury renders you. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. This is particularly true because nerve pain in the extremities can severely impact your earning ability. 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. Spine Condition Ratings. Use our VA disability calculator to estimate your. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. 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. 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. When your medical disability occurred during your service, it is almost always presumed to be service-connected. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. These are periods of acute pain severe enough for a doctor to proscribe bed rest. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. These cookies allow the website to remember choices you make to give you better functionality and personal features. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. The disability rating is the highest rating produced by the rating tables. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. The spine is considered as a minor joint. I bought a home. ). Extraschedular VA Disability Ratings If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Under the VA regulations, you may request an extra-schedular rating for your disability. Were You Denied VA Disability Benefits for Spinal Stenosis? Vertebral fractures and dislocations (diagnostic code 5235). In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Let's talk about your VA disability benefits. This can sometimes be difficult to establish. It may also cause bladder and bowel issues. Call 512-454-4000 for help today. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Do you have a low back (lumbar) injury related to your military service? An unfavorable position means your spine is locked in a position that is something other than vertical. The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. 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.
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