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%. However, these secondary service-connected disabilities are not cumulative. 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. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. you viewed to avoid repetition. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. 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. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Muscle guarding occurs when muscles react to prevent pain or discomfort. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. 14K 1,344 9. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. yet assertive representation for our clients. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. This is known as secondary service connection. Errors are frequently made when rating conditions. Contact Us Also, the VA requires that all ROM measurements be taken with a goniometer. 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. 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? Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Spinal stenosis is a form of degenerative disc disease. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. 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. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. 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. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. I was hoping someone could point me in the right direction with spinal issues and VA ratings. have the greatest impact on the veterans ability to work. You should consult an attorney for advice regarding your individual situation. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. This guide will break down how the VA rates back pain and spinal disabilities, so you can take the first steps toward making a claim. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. When pursuing a VA disability rating for back pain, its important to know your options. Do You Qualify for Long Term Disability Benefits? These are periods of acute pain severe enough for a doctor to proscribe bed rest. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Spinal conditions can cause nerve problems as well. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. 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. For example, the specific code for degenerative arthritis of the spine is 5242. 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. Causes can include herniated or bulging spinal discs. All rights reserved. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. 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. 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. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 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? These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. I have my transportation now. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 4.71a Schedule of ratings - musculoskeletal system. We advocate for the disabled. For example, PTSD can lead to sleep apnea. Registration is FREE of charge! Contact Berry Law today if you need assistance appealing your VA decision. You must have a positive imaging test (MRI, . Background In 2017, 4.5 million veterans with medical conditions or injuries that occurred or worsened during active-duty service received disability compensation from the Department of Veterans Affairs (VA). Case Info Step 2. You may also qualify for a 100% rating if your back injury renders you unemployable. NOTE: Entitlement of a spinal condition includes spinal stenosis. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. This will effectively increase your VA disability rating. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. The disability rating may be even lower depending on the segment of the spine that is frozen. How to Appeal a Denied Veterans Disability Claim These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. For instance, which pages you go to most. You may be eligible for VA disability benefits if you meet both of these requirements. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. We have updated our Privacy Policy. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. 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 . 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. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. To continue receiving VA disability benefits, you should be compliant with these exams. 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 TDIU is an award of increased compensation. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Entire spine is frozen in an unfavorable position. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Does Spinal Stenosis Qualify for Disability Benefits? 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. Its never too late to apply for VA benefits. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Unfavorable means any position that is not 0 degrees in flexion or extension. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. you may be able to get a higher rating due to incapacitating episodes. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. The technical storage or access that is used exclusively for statistical purposes. Please register to post comments. 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. 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 . VA Ratings For Spinal Arthritis & Back Pain. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Additional medical appliances may be required. The technical storage or access that is used exclusively for anonymous statistical purposes. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. 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. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. 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. The spine is considered as a minor joint. 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. Rheumatoid arthritis is rated under its own rating system. For example, a cervical spine with forward flexion of 15 produces a VA disability percentage of 30% and a lumbar spine with a total ROM of 120 produces a VA disability percentage of 20%, for an overall VA disability rating of 40%. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Without these cookies, services you have asked for cannot be provided. Phone: (757) 220-4529. Errors are frequently made when rating conditions. 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. Yes, but you should talk to a VA Disability law attorney first. VA Disability Ratings for Back Pain and Spinal Arthritis. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. General VA Disability Compensation Benefits Claims Forums . In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. . What is the diagnostic code for traumatic arthritis? Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. ). Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. These secondary conditions would be rated separately from the underlying spinal condition. This means that the effects of spinal stenosis are not limited to the back. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Call 800-544-9144 today for a free case evaluation or contact us here. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. 100% VA disability rating for spinal cancer. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Muscle spasms are involuntary contractions or extensions of muscles. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 4.30 Convalescent ratings. Yes, you can. 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. 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. 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. 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%. The spine is considered as a minor joint. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Since that time, we have provided compassionate Disability benefits are paid for service-connected disabilities. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Thank you so much Woods & Woods. This opinion will be most favorable when it comes to establishing service connection. 203, San Jose, CA 95134 Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. We assign you a disability rating based on the severity of your service-connected condition. They may also be used to keep track of what [products, video, links, etc.] After recovery, the VA will re-evaluate their condition. 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. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. There are two types of spinal stenosis treatment: surgical and non-surgical. It is rated under another diagnostic group. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. These complications of stenosis are called. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices We invite you to contact us and welcome your calls, letters and electronic mail. .. Jan 17, 2012 #2. As you can see, ROM measurements play a significant role in rating spinal conditions. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. All information these cookies collect is aggregated and therefore anonymous. That is, they get it wrong more than half the time. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Spinal discs act as cushions between your vertebrae. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. We consistently provide experienced, compassionate and ethical representation to our clients. Fax: (757) 220-9451. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. 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. 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. 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. Canes range from $25 to $100 and walkers can be more than $200. This narrowing can be caused by physical injury or degeneration of the spine. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. The ratings range from 10% to 60%. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs.
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