So, spinal disabilities focus on the lack of mobility or range of motion. 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. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Its never too late to apply for VA benefits. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Without these cookies, services you have asked for cannot be provided. These cookies collect information about how you use our website. It is rated under another diagnostic group. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Our firm was founded in 1986 in Orlando, Florida. For example, the specific code for degenerative arthritis of the spine is 5242. 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. The diagnostic code for traumatic arthritis is 5010. 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. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. 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. We consistently provide experienced, compassionate and ethical representation to our clients. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. You should know that it's impossible to get disability benefits if you aren't . The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Did you receive a VA disability compensation rating of 40%? I was hoping someone could point me in the right direction with spinal issues and VA ratings. 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. Extraschedular VA Disability Ratings You must have a positive imaging test (MRI, . 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. An. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. 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. It results in chronic pain, numbness, and weakness in your body. 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. The diagnostic code for rheumatoid arthritis is 5002. 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%. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. This opinion will be most favorable when it comes to establishing service connection. Lumbar IVDS accounts for 62% of all disc disease. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. A favorable position means the ROM measurement for flexion or extension is 0 degrees. 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. That is, they get it wrong more than half the time. Other back impairments have a maximum schedular rating of 60 percent or lower. You may be eligible for VA disability benefits if you meet both of these requirements. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. The spine is considered as a minor joint. Not necessarily, but its worth looking at your C-File to see if you had spinal stenosis during your service and it was incorrectly diagnosed. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Registration is FREE of charge! 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, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Spinal stenosis is a form of degenerative disc disease. 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 your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. 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. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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 . We invite you to contact us and welcome your calls, letters and electronic mail. 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. Spinal stenosis is a form of degenerative disc disease. 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Full eligibility requirements Yes, you can. 4.30 Convalescent ratings. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. To continue receiving VA disability benefits, you should be compliant with these exams. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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). 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. 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). I served during peace timein theArmy. 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. Yes No Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Most of the time, spinal stenosis occurs in the lower back and the neck. If there is painful motion, a 10% rating will be assigned. This narrowing can be caused by physical injury or degeneration of the spine. 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. Call 800-544-9144 today for a free case evaluation or contact us here. So, they compensate them for the disability on a secondary basis. Yes No Does applicant expect to be out of work for at least 12 months? Feel free to call us at (866) 232-5777 anytime. 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. A fair VA disability rating for spinal stenosis can be difficult to obtain. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Later you develop a spinal stenosis in your neck (cervical) area. 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. 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 . 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. 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. Camp Lejeune Lawsuit. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. It will also help if someone else in your division remembers what happened. The ratings range from 10% to 60%. 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. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. we represent clients nationwide. I want to thank Woods & Woods for not letting me give up. . AVVO 10/10 Superb Rating, BBB A+ Rated. 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. General VA Disability Compensation Benefits Claims Forums . The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 As you can see, ROM measurements play a significant role in rating spinal conditions. Symptoms vary depending on the location of the stenosis and which nerves are affected. Does Spinal Stenosis Qualify for Disability Benefits? NOTE: Entitlement of a spinal condition includes spinal stenosis. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. This website adheres to the W3Cs AA Accessibility guidelines. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. 20 percent disability rating: $327.99 per month. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. By continuing to use our website, you agree to these updates. 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. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. These complications of stenosis are called. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Use our VA disability calculator to estimate your combined VA rating and monthly payment. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. 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. 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 . However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Get Directions. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. 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 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. 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. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. The amount of base compensation veterans receive . However, these secondary service-connected disabilities are not cumulative. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Were You Denied VA Disability Benefits for Spinal Stenosis? Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Disclaimer: This information is not legal advice. Contact Berry Law today if you need assistance appealing your VA decision. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. San Jose, CA: 2880 Zanker Road, Ste. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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 information you obtain on this website is not, nor is it intended to be, legal advice. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Learn more about us, Veterans Disability Claim 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. The VA has a separate rating system for these conditions. Schedule an MRI consultation today! ). Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. 14K 1,344 9. 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. Lack of cartilage causes pain and limitation of motion. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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. 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. To facilitate this process, the VA has created a ratings table. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Entire cervical spine is frozen in an unfavorable position. Hill & Ponton P.A. 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) 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 is a type of back injury that a Veteran could develop after an in-service injury. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Fill out the short form below to contact us. THE ISSUE. We use cookies to optimize our website and our service. 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. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Use our VA disability calculator to estimate your. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. These are periods of acute pain severe enough for a doctor to proscribe bed rest. . You may be owed compensation. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. . While we still have our home base in Florida, Contact Us 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. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. 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. 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. You may also qualify for a 100% rating if your back injury renders you unemployable. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Some joints are referred to as major joints, while others are referred to as minor joints. 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Call 512-454-4000 for help today. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 10 percent disability rating: $165.92 per month. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. In most cases, the medical listing will be insufficient. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. These secondary conditions would be rated separately from the underlying spinal condition. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. ATTORNEY FOR THE . They may also be used to keep track of what [products, video, links, etc.] This can severely affect your movement and eventually takes a toll on your ability to move. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. It will also help if someone else in your division remembers what happened. 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. Have you been affected by Camp Lejeune water contamination? These cookies are necessary for the website to function and cannot be switched off in our systems. 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. The VA routinely mishandles spinal injury claims. 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. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 The same veteran with a 100% disability rating would receive $3,106.04. 30 percent disability rating: $508.05 per month. Under the VA regulations, you may request an extra-schedular rating for your disability. Already working with us? Neck muscle injuries. 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.

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