spinal stenosis va disability rating spinal stenosis va disability rating

Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Spinal stenosis is a disorder that affects your back. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. I want to thank Woods & Woods for not letting me give up. Department of Veterans Affairs Regional Office in New York, New York. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. . You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: What is the diagnostic code for traumatic arthritis? Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. A fair VA disability rating for spinal stenosis can be difficult to obtain. This information is not a substitute for legal advice. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. The ratings range from 10% to 60%. The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. 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. If you continue to use this site we will assume that you are happy with it. A TDIU is an award of increased compensation. 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. 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 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Have you been affected by Camp Lejeune water contamination? For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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 . 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. 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. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. These secondary conditions would be rated separately from the underlying spinal condition. 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. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. These cookies dont collect information that identifies you. Lumbar IVDS accounts for 62% of all disc disease. As you can see, ROM measurements play a significant role in rating spinal conditions. The VA has a separate rating system for these conditions. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 The latter two will show whether soft tissue may be impinging or invading the spinal cord area. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. This means that the effects of spinal stenosis are not limited to the back. AVVO 10/10 Superb Rating, BBB A+ Rated. Williamsburg, VA 23185. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). As the foramen close in, it can lead to those nerves becoming pinched. 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? You may also qualify for a 100% rating if your back injury renders you unemployable. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 203, San Jose, CA 95134 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Entire thoracolumbar spine is frozen in an unfavorable position. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. They may also be used to keep track of what [products, video, links, etc.] The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 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. They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage. 30 percent disability rating: $508.05 per month. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. However, Veterans can also receive disability compensation on a secondary basis. Lumbar Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, pain or cramping in your legs when you walk, and back pain. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Fax: (757) 220-9451. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. 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. 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. Unfavorable means any position that is not 0 degrees in flexion or extension. I suffer from many health issues due to the trauma that happened to me in 1980. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. 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. Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. These measurements are taken while bending the neck and back forward and backward, tilting the neck and back from size to side, and rotating the neck and back to each side. If there is painful motion, a 10% rating will be assigned. But it can also be a result of a spinal injury. . It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. ATTORNEY FOR THE . Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Spine Condition Ratings. 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. Yes No This narrowing can be caused by physical injury or degeneration of the spine. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. You should know that it's impossible to get disability benefits if you aren't . Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. 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. By using our website, you agree to the use of certain cookies. This opinion will be most favorable when it comes to establishing service connection. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. After recovery, the VA will re-evaluate their condition. THE ISSUE. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. The disability rating may be even lower depending on the segment of the spine that is frozen. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. 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. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: If you were denied VA disability benefits for spinal stenosis, Chisholm Chisholm & Kilpatrick LTD may be able to help you through the appeals process. Our doctors know how service-connected disabilities work, so they know what to look for in your file. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. Your spinal stenosis may cause or contribute to other medical conditions, as well. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). The disability rating is the highest rating produced by the rating tables. Also, the VA requires that all ROM measurements be taken with a goniometer. Neck muscle injuries. The SSA has a specific disability listing for lumbar stenosis. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. 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. While we still have our home base in Florida, Disability Benefits by Percentage Rating and Dependent Status (As of 2020). The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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. These cookies collect information about how you use our website. 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. Already working with us? In most cases, the medical listing will be insufficient. We advocate for the disabled. Back braces or corsets are $200 or more. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. 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. This data may be used to help optimize our websites and make them easier for you to navigate. Errors are frequently made when rating conditions. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. .. Jan 17, 2012 #2. 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. This disruption can cause strange sensations and loss of muscle control in the affected areas. Over time, you will attend additional annual exams at an area SCI Center. You must have a positive imaging test (MRI, . This website adheres to the W3Cs AA Accessibility guidelines. 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. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Please call for an appointment before visiting: Mail Processing Center: P.O. 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). Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Canes range from $25 to $100 and walkers can be more than $200. 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. Spinal conditions can cause nerve problems as well. 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). Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Contact Us 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. The diagnostic code for rheumatoid arthritis is 5002. 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. Some joints are referred to as major joints, while others are referred to as minor joints. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. The sum of all these degree measurements together is called the ROM (range of motion) measurement. An unfavorable position means your spine is locked in a position that is something other than vertical. 4.71a Schedule of ratings - musculoskeletal system. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. There are two types of spinal stenosis treatment: surgical and non-surgical. So, they compensate them for the disability on a secondary basis. The diagnostic code for traumatic arthritis is 5010. 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. Their testimony can mean the difference between an approval or a denial of your case. Call 800-544-9144 today for a free case evaluation or contact us here. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. You can talk these problems over with your physician, as well. 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. To find out more, view our Privacy Policy. Yes No Does applicant expect to be out of work for at least 12 months? These cookies do not store any personal information. 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. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: 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 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. 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. 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 . Hill & Ponton P.A. For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). 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%. For example, the specific code for degenerative arthritis of the spine is 5242. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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 spine is considered as a minor joint. General VA Disability Compensation Benefits Claims Forums . You could be entitled to $3,627 per month! Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. The technical storage or access that is used exclusively for statistical purposes. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. This can severely affect your movement and eventually takes a toll on your ability to move. You may also qualify for a 100% rating if your back injury renders you. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Since that time, we have provided compassionate If your condition meets the listing criteria, it will automatically be considered a disability. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Did you receive a VA disability compensation rating of 40%? Call 512-454-4000 for help today. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. . 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. See Entitlement Considerations, Section B of this . You may be eligible for VA disability benefits if you meet both of these requirements. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Stenosis can occur in the spinal column itself, or it can occur within the intervertebral foramen, which are the passages through which your nerve roots branch out laterally through the spine. Yes, you can. 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. you may be able to get a higher rating due to incapacitating episodes. A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . 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 . Rather, they are added using VA math. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 For example, the specific code for degenerative arthritis of the spine is 5242. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. 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. 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. They fought hard for me and got me more than I ever could dream of. which may qualify you for a higher rating. 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. Our goal is to help all fellow Veterans get the disability benefits they deserve. NOTE: Entitlement of a spinal condition includes spinal stenosis. Stenosis can occur in the spinal column itself, or it can occur within the intervertebral foramen, which are the passages through which your nerve roots branch out laterally through the spine. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. We use cookies to optimize our website and our service. We invite you to contact us and welcome your calls, letters and electronic mail. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Secondary service connection occurs when a service-connected disability causes another disability.