See Entitlement Considerations, Section B of this . Spinal conditions can cause nerve problems as well. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Entire thoracolumbar spine is frozen in an unfavorable position. 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. 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. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Were You Denied VA Disability Benefits for Spinal Stenosis? Get Directions. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. For example, the specific code for degenerative arthritis of the spine is 5242. An. Their testimony can mean the difference between an approval or a denial of your case. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. yet assertive representation for our clients. 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. A 2019 Inspector General report 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. AVVO 10/10 Superb Rating, BBB A+ Rated. 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. Disclaimer: This information is not legal advice. Contacting us does not create an attorney-client relationship. For example, the specific code for degenerative arthritis of the spine is 5242. The ratings range from 10% to 60%. Less frequently, stenosis can occur in the upper back (thoracic). 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 Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. If your condition meets the listing criteria, it will automatically be considered a disability. Its never too late to apply for VA benefits. Herniated Discs. 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Fill out the short form below to contact us. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). NOTE: Entitlement of a spinal condition includes spinal stenosis. 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. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. It will also help if someone else in your division remembers what happened. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. All rights reserved. You should consult an attorney for advice regarding your individual situation. What is the diagnostic code for traumatic arthritis? 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. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. VA Ratings For Spinal Arthritis & Back Pain. We invite you to contact us and welcome your calls, letters and electronic mail. For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Does Spinal Stenosis Qualify for Disability Benefits? Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. 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. This disruption can cause strange sensations and loss of muscle control in the affected areas. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. For example, PTSD can lead to sleep apnea. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. 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). QUALIFYING STATEMENTS . The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Copy this embed code to share the infographic on your own site. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. We use cookies to ensure that we give you the best experience on our website. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. Over time, you will attend additional annual exams at an area SCI Center. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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. Registration is FREE of charge! 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. 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). In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. A very common impairment caused by this nerve compression is sciatica. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Thank you so much Woods & Woods. Other back impairments have a maximum schedular rating of 60 percent or lower. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. These mistakes cost veterans at least $5.9 million in payments over the period studied. About VA disability ratings. I suffer from many health issues due to the trauma that happened to me in 1980. 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. 20 percent disability rating: $327.99 per month. 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 is particularly true because nerve pain in the extremities can severely impact your earning ability. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. 4.71a Schedule of ratings - musculoskeletal system. 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. That is, they get it wrong more than half the time. have the greatest impact on the veterans ability to work. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. After recovery, the VA will re-evaluate their condition. These cookies do not store any personal information. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Later you develop a spinal stenosis in your neck (cervical) area. I was hoping someone could point me in the right direction with spinal issues and VA ratings. VA Disability Claims List: What Conditions Can Veterans Claim? The SSA has a specific disability listing for lumbar stenosis. Muscle guarding occurs when muscles react to prevent pain or discomfort. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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. Unfavorable means any position that is not 0 degrees in flexion or extension. Trouble walking, and loss of bowel or bladder control may also result. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 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. Your call is always free, and we wont charge you until after we have won your case. 100% VA disability rating for spinal cancer. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. 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. 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. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. 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. 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. San Jose, CA: 2880 Zanker Road, Ste. Spinal stenosis is most commonly experienced in the neck and lower part of the back. You can talk these problems over with your physician, as well. Please call for an appointment before visiting: Mail Processing Center: P.O. The amount of base compensation veterans receive . Experienced Social Security Disability Lawyer. 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. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. However, Veterans can also receive disability compensation on a secondary basis. 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. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . 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 . Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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 A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. 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. Muscle spasms are involuntary contractions or extensions of muscles. Neck muscle injuries. 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. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. These cookies dont collect information that identifies you. If these conservative options dont get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) 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. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Schedule an MRI consultation today! Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Forever Grateful, [K.S.]. It results in chronic pain, numbness, and weakness in your body. Ratings will fall between 0% and 100% disability. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Berry Law gets Veterans the disability compensation they earned. 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. This field is for validation purposes and should be left unchanged. Symptoms vary depending on the location of the stenosis and which nerves are affected. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Rheumatoid arthritis is rated under its own rating system. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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%. Disability benefits are paid for service-connected disabilities. 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). 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. We advocate for the disabled. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. When pursuing a VA disability rating for back pain, its important to know your options. So, they compensate them for the disability on a secondary basis. Spinal discs act as cushions between your vertebrae. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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. Free Disability Evaluation: Step 1. 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%. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Do You Qualify for Long Term Disability Benefits? So, spinal disabilities focus on the lack of mobility or range of motion. Vertebral fractures and dislocations (diagnostic code 5235). You should know that it's impossible to get disability benefits if you aren't . 14K 1,344 9. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. If a doctor doesnt use a goniometer to measure your ROM, In addition to the ROM measurements, the general rating criteria for spinal involves whether the cervical and/or thoracolumbar spine is frozen in a favorable vs. unfavorable position. 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. 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. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Also, the VA requires that all ROM measurements be taken with a goniometer. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. Did you receive a VA disability compensation rating of 40%? I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Appellant represented by: Disabled American Veterans. The spine is considered as a minor joint. 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. Call 512-454-4000 for help today. 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. 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. To continue receiving VA disability benefits, you should be compliant with these exams. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. The diagnostic code for traumatic arthritis is 5010. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Do You Have Long-Term Disability Insurance Coverage? These cookies may be set through our website by our advertising partners. Extraschedular VA Disability Ratings 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. An unfavorable position means your spine is locked in a position that is something other than vertical. Back braces or corsets are $200 or more. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records.
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