spinal stenosis va disability rating spinal stenosis va disability rating

. Please complete this form to send us your message. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. 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. 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. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 If there is painful motion, a 10% rating will be assigned. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. The same veteran with a 100% disability rating would receive $3,106.04. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. you viewed to avoid repetition. Spinal stenosis is a disorder that affects your back. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Symptoms vary depending on the location of the stenosis and which nerves are affected. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. One of the most common conditions secondary to spinal conditions is radiculopathy. Spinal stenosis can cause symptoms throughout the body. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. This is known as secondary service connection. 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. 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. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. AVVO 10/10 Superb Rating, BBB A+ Rated. The sum of all these degree measurements together is called the ROM (range of motion) measurement. 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). 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. 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 . 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. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. These cookies collect information about how you use our website. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. 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. VA Disability Ratings for Back Pain and Spinal Arthritis. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. I was hoping someone could point me in the right direction with spinal issues and VA ratings. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. The amount of base compensation veterans receive . ATTORNEY FOR THE . The VA will use a series of diagnostic codes for areas of the spine. Already working with us? People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. In fact, occasionally, the back pain associated with spinal stenosis may be dwarfed by the nerve pain experienced in the legs, feet, arms, and hands. Please register to post comments. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. 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. These cookies may be set through our website by our advertising partners. Contact Berry Law today if you need assistance appealing your VA decision. Spinal discs act as cushions between your vertebrae. When pursuing a VA disability rating for back pain, its important to know your options. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. As you can see, ROM measurements play a significant role in rating spinal conditions. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Contact Info Is applicant currently receiving Social Security benefits? 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. Free Disability Evaluation: Step 1. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Contacting us does not create an attorney-client relationship. The VA routinely mishandles spinal injury claims. The information you obtain on this website is not, nor is it intended to be, legal advice. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Your call is always free, and we wont charge you until after we have won your case. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. The technical storage or access that is used exclusively for anonymous statistical purposes. In some cases, the VA may help veterans get surgery to treat spinal stenosis. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. 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. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 The spine is considered as a minor joint. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. But it can also be a result of a spinal injury. To continue receiving VA disability benefits, you should be compliant with these exams. Feel free to call us at (866) 232-5777 anytime. Call 800-544-9144 today for a free case evaluation or contact us here. have the greatest impact on the veterans ability to work. . 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. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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) We get emails all the time asking if certain health problems qualify for benefits. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 An unfavorable position means that the spine is frozen in a position other than the natural upright position. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. QUALIFYING STATEMENTS . VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Rheumatoid arthritis is rated under its own rating system. For example, PTSD can lead to sleep apnea. We use cookies to ensure that we give you the best experience on our website. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Use our VA disability calculator to estimate your. Errors are frequently made when rating conditions. About VA disability ratings. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. 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. 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. . What is the diagnostic code for traumatic arthritis? Muscle spasms are involuntary contractions or extensions of muscles. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Your spinal stenosis may cause or contribute to other medical conditions, as well. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 It will also help if someone else in your division remembers what happened. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Many people only think about their medical issues when applying for Social Security disability. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. You could be entitled to $3,627 per month! This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. 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). Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 This field is for validation purposes and should be left unchanged. Extraschedular VA Disability Ratings If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. 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 . Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Call 512-454-4000 for help today. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. San Jose, CA: 2880 Zanker Road, Ste. You may be owed compensation. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. We assign you a disability rating based on the severity of your service-connected condition. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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 . The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Some joints are referred to as major joints, while others are referred to as minor joints. We advocate for the disabled. Since that time, we have provided compassionate Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. 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. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. These complications of stenosis are called. Disclaimer: This information is not legal advice. Back braces or corsets are $200 or more. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. For example, the specific code for degenerative arthritis of the spine is 5242. You may also qualify for a 100% rating if your back injury renders you unemployable. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. 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. 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. The disability rating may be even lower depending on the segment of the spine that is frozen. Trouble walking, and loss of bowel or bladder control may also result. 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. This is particularly true because nerve pain in the extremities can severely impact your earning ability. 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. 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. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Our firm was founded in 1986 in Orlando, Florida. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . 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. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. If your 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. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. By continuing to use our website, you agree to these updates. 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. Secondary service connection occurs when a service-connected disability causes another disability. These cookies dont collect information that identifies you. We consistently provide experienced, compassionate and ethical representation to our clients. Over time, you will attend additional annual exams at an area SCI Center. Less frequently, stenosis can occur in the upper back (thoracic). There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. 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. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. 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 opinion will be most favorable when it comes to establishing service connection. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Most of the time, spinal stenosis occurs in the lower back and the neck. 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. Get Directions. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Hill & Ponton P.A. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. So, spinal disabilities focus on the lack of mobility or range of motion. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). This website adheres to the W3Cs AA Accessibility guidelines. Without these cookies, services you have asked for cannot be provided. 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. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. 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. 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. This data may be used to help optimize our websites and make them easier for you to navigate. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites.