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An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Your spinal stenosis may cause or contribute to other medical conditions, as well. Spinal stenosis can cause symptoms throughout the body. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 5238 Spinal stenosis - Veterans Benefits Network Have you been affected by Camp Lejeune water contamination? Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. The amount of base compensation veterans receive . Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Entire cervical spine is frozen in an unfavorable position. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. ATTORNEY FOR THE . 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. 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. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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. 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. You could be entitled to $3,627 per month! 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%. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. The VA will use a series of diagnostic codes for areas of the spine. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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, contact us today. How to Qualify for Disability Benefits With Spondylosis 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. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Spine Condition Ratings Military Disability Made Easy Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Copy this embed code to share the infographic on your own site. 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. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. An unfavorable position means your spine is locked in a position that is something other than vertical. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Intervertebral Disc Syndrome (IVDS) and VA Disability If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. If the arthritis does not cause any episodes of incapacitation, but 2 or more joint groups are involved, then a 10% rating will be assigned. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. We use cookies to ensure that we give you the best experience on our website. Phone: (757) 220-4529. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Find Out How To Qualify for Disability with Degenerative Disc Disease These secondary conditions would be rated separately from the underlying spinal condition. Is Spinal Stenosis A Permanent Disability | Disability Help for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . The same veteran with a 100% disability rating would receive $3,106.04. Call 512-454-4000 for help today. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. How to Win Your Disability Claim for Degenerative Disc Disease If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. 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. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Schedule an MRI consultation today! THE ISSUE. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Spinal stenosis is a form of degenerative disc disease. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. This data may be used to help optimize our websites and make them easier for you to navigate. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans I have my transportation now. The spine is considered as a minor joint. To provide even more value to our veterans, this page is only available with an All-Access Membership. 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. 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. As the foramen close in, it can lead to those nerves becoming pinched. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. You can talk these problems over with your physician, as well. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. 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. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Please call for an appointment before visiting: Mail Processing Center: P.O. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Rather, they are added using VA math. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. 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. The disability rating may be even lower depending on the segment of the spine that is frozen. VA.gov Home | Veterans Affairs Over time, you will attend additional annual exams at an area SCI Center. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. The sum of all these degree measurements together is called the ROM (range of motion) measurement. 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 occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. Department of Veterans Affairs Regional Office in New York, New York. I bought a home. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Some joints are referred to as major joints, while others are referred to as minor joints. Contact Us Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. We assign you a disability rating based on the severity of your service-connected condition. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. VA Disability Rating for Degenerative Disc Disease Explained (The 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) Yes, you can. Cookies help us deliver the best experience on our website. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. This can severely affect your movement and eventually takes a toll on your ability to move. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. This can lead to a misdiagnosis of spinal stenosis. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. The information you obtain on this website is not, nor is it intended to be, legal advice. Federal Register :: Schedule for Rating Disabilities; The Spine Camp Lejeune Lawsuit. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Do You Have Long-Term Disability Insurance Coverage? 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. 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 you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Errors are frequently made when rating conditions. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). you may be able to get a higher rating due to incapacitating episodes. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation As you can see, ROM measurements play a significant role in rating spinal conditions. For example, the specific code for degenerative arthritis of the spine is 5242. This metric is used in calculating your VA disability rating. AVVO 10/10 Superb Rating, BBB A+ Rated. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Spine Condition Ratings. All information these cookies collect is aggregated and therefore anonymous. The technical storage or access that is used exclusively for anonymous statistical purposes. 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. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. It will also help if someone else in your division remembers what happened. 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. The ratings range from 10% to 60%. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Spinal stenosis Mental health disorders, such as depression and anxiety And more. While we still have our home base in Florida, In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Case Info Step 2. VA Disability Benefits for Sciatica and Similar Nerve Conditions It results in chronic pain, numbness, and weakness in your body. These are periods of acute pain severe enough for a doctor to proscribe bed rest. VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. WITNESS AT HEARING ON APPEAL. To continue receiving VA disability benefits, you should be compliant with these exams. The disability rating is the highest rating produced by the rating tables. 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. Canes range from $25 to $100 and walkers can be more than $200. This field is for validation purposes and should be left unchanged. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Contacting us does not create an attorney-client relationship. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Their testimony can mean the difference between an approval or a denial of your case. Did you receive a VA disability compensation rating of 40%? Disclaimer: This information is not legal advice. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. 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. 3 Tiers of Sciatica VA Disability Ratings and How To Apply VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. These cookies do not store any personal information. Pocket Card . 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 information is not a substitute for legal advice. The VA routinely mishandles spinal injury claims. 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. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Our goal is to help all fellow Veterans get the disability benefits they deserve. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . San Jose, CA: 2880 Zanker Road, Ste. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. The rating will largely depend on whether you have lost range of motion as a result of stenosis. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. You may be eligible for VA disability benefits if you meet both of these requirements. Feel free to call us at (866) 232-5777 anytime. 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. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 The technical storage or access that is used exclusively for statistical purposes. The spine is considered as a minor joint. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. In most cases, the medical listing will be insufficient. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 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. To facilitate this process, the VA has created a ratings table. Registration is FREE of charge! You may be owed compensation. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Unfavorable means any position that is not 0 degrees in flexion or extension. 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. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. VA Disability Rating for Neck Pain | The Tuley Law Office 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. These cookies may be set through our website by our advertising partners. Most of the time, spinal stenosis occurs in the lower back and the neck. Va rating of 60% | Physical Evaluation Board Forum 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. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute Thank you so much Woods & Woods. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical . It will also help if someone else in your division remembers what happened. 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.