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This narrowing can be caused by physical injury or degeneration of the spine. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full 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. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. An unfavorable position means that the spine is frozen in a position other than the natural upright position. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Use our VA disability calculator to estimate your. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. How to Appeal a Denied Veterans Disability Claim To facilitate this process, the VA has created a ratings table. Function: Postural support of body; extension and lateral movements of spine. This can sometimes be difficult to establish. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Extraschedular VA Disability Ratings Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. VA physicians will measure your range of motion in six places, using a goniometer. . Spinal Stenosis & Qualifying for Social Security Disability Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Ratings will fall between 0% and 100% disability. Both upper (cervical) and . Updated: August 3, 2020. 203, San Jose, CA 95134 In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. VA Disability For Back Pain // Appeals, Claims, Denials - Vet We assign you a disability rating based on the severity of your service-connected condition. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Want to know if you qu. I want to thank Woods & Woods for not letting me give up. Department of Veterans Affairs Regional Office in New York, New York. Camp Lejeune Lawsuit. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. 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. By continuing to use our website, you agree to these updates. Cervical Spine Conditions - Entitlement Eligibility Guidelines These secondary conditions would be rated separately from the underlying spinal condition. Va rating of 60%. This makes sense because a spine frozen in an unfavorable position would place the greatest stress on the body and have the greatest impact on the veterans ability to work. THE ISSUE. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Its never too late to apply for VA benefits. Use our VA disability calculator to estimate your combined VA rating and monthly payment. 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? Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. This is particularly true because nerve pain in the extremities can severely impact your earning ability. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. If a doctor doesnt use a goniometer to measure your ROM, In addition to the ROM measurements, the general rating criteria for spinal involves whether the cervical and/or thoracolumbar spine is frozen in a favorable vs. unfavorable position. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. You may be eligible for VA disability benefits if you meet both of these requirements. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. If you do not allow these cookies, you will experience less targeted advertising. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. 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. Muscle spasms are involuntary contractions or extensions of muscles. The disability rating may be even lower depending on the segment of the spine that is frozen. QUALIFYING STATEMENTS . eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities Neck muscle injuries. 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 PDF VA/DoD Clinical Practice Guideline for Diagnosis and Treatment of Low Other back impairments have a maximum schedular rating of 60 percent or lower. You should consult an attorney for advice regarding your individual situation. 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. It results in chronic pain, numbness, and weakness in your body. Entire cervical spine is frozen in an unfavorable position. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 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. This opinion will be most favorable when it comes to establishing service connection. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Whether it manifests itself in your back or through nerve pain throughout your extremities, a VA attorney can help you to obtain the medical examination and collect the records to support your VA disability claim. Most of the time, spinal stenosis occurs in the lower back and the neck. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Spinal stenosis Mental health disorders, such as depression and anxiety And more. If you continue to use this site we will assume that you are happy with it. Contacting us does not create an attorney-client relationship. 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. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. 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. 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. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . . Confidential or time-sensitive information should not be sent through this form. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. Phone: (757) 220-4529. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 3 Tiers of Sciatica VA Disability Ratings and How To Apply VA Disability Rating for Neck Pain | The Tuley Law Office Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. As you can see, ROM measurements play a significant role in rating spinal conditions. Spinal stenosis is a form of degenerative disc disease. Some joints are referred to as major joints, while others are referred to as minor joints. 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. 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. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. 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. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. The VA will use a series of diagnostic codes for areas of the spine. Radiculopathy | Johns Hopkins Medicine 14K 1,344 9. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans 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. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Since that time, we have provided compassionate Let's talk about your VA disability benefits. Spinal conditions can cause nerve problems as well. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. You may not notice at the onset, but the pain will evolve slowly over time. Contact Us VA Ratings For Spinal Arthritis & Back Pain. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. VA Disability Ratings for Spinal Stenosis | CCK Law 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Entire spine is frozen in an unfavorable position. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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 . Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Back braces or corsets are $200 or more. 10 percent disability rating: $165.92 per month. 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) The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. This can severely affect your movement and eventually takes a toll on your ability to move. 1.00 Musculoskeletal Disorders - Adult - Social Security Administration 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. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. About VA disability ratings. 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. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm 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. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Schedule an MRI consultation today! Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . Contacting us does not create an attorney-client relationship. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Your Condition Must be Connected to Your Service to Obtain a VA Disability Rating Spinal Stenosis, When it occurs in the cervical spine (the neck and upper section of the back). For example, if 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. So, if a Veteran has service connection for PTSD and later develops sleep apnea, they can argue that the sleep apnea was caused by their PTSD. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Muscle guarding occurs when muscles react to prevent pain or discomfort. you may be able to get a higher rating due to incapacitating episodes. A TDIU is an award of increased compensation. These cookies do not store any personal information. Disability Benefits for Spinal Stenosis | Nolo Errors are frequently made when rating conditions. 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%. This can lead to a misdiagnosis of spinal stenosis. 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. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. General VA Disability Compensation Benefits Claims Forums . 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. AVVO 10/10 Superb Rating, BBB A+ Rated. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. The disability rating is the highest rating produced by the rating tables. The spine is considered as a minor joint. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Later you develop a spinal stenosis in your neck (cervical) area. 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. Learn How Veterans Can Get VA Benefits for Back Pain 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. After recovery, the VA will re-evaluate their condition. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. SPINAL CORD STIMULATION - Veterans Benefits Network Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. The information you obtain on this website is not, nor is it intended to be, legal advice. This field is for validation purposes and should be left unchanged. Already working with us? Unfavorable means any position that is not 0 degrees in flexion or extension. When pursuing a VA disability rating for back pain, its important to know your options. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. 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. Vertebral fractures and dislocations (diagnostic code 5235). To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw 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. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. Learn more about us, Veterans Disability Claim 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. The technical storage or access that is used exclusively for statistical purposes. .. Jan 17, 2012 #2. You may also qualify for a 100% rating if your back injury renders you. Have you been affected by Camp Lejeune water contamination? If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Berry Law gets Veterans the disability compensation they earned. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Causes can include herniated or bulging spinal discs. 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. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. 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. Spinal stenosis is most commonly experienced in the neck and lower part of the back.