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Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 To provide even more value to our veterans, this page is only available with an All-Access Membership. You may also qualify for a 100% rating if your back injury renders you unemployable. The VA assigns rating percentages based on the frequency of incapacitating episodes. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. 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. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. As the foramen close in, it can lead to those nerves becoming pinched. 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. 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. You may also be able to show your spinal stenosis is service-related via a secondary service connection. For example, the specific code for degenerative arthritis of the spine is 5242. This field is for validation purposes and should be left unchanged. 10 percent disability rating: $165.92 per month. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. You may also qualify for a 100% rating if your back injury renders you. 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. Contacting us does not create an attorney-client relationship. These cookies collect information about how you use our website. Contact Info Is applicant currently receiving Social Security benefits? 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. 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 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. 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. The information you obtain on this website is not, nor is it intended to be, legal advice. The sum of all these degree measurements together is called the ROM (range of motion) measurement. These complications of stenosis are called. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. To find out more, view our Privacy Policy. We assign you a disability rating based on the severity of your service-connected condition. VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. It is rated under another diagnostic group. If you do not allow these cookies, you will experience less targeted advertising. The spine is considered as a minor joint. When pursuing a VA disability rating for back pain, its important to know your options. If these records do not exist, it may also be possible to support a claim with post-service medical records that show a significant worsening. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. While we still have our home base in Florida, As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. Use our VA disability calculator to estimate your. 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. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. An unfavorable position means that the spine is frozen in a position other than the natural upright position. These cookies may be set through our website by our advertising partners. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar 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. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. We have updated our Privacy Policy. Both upper (cervical) and . What is the diagnostic code for traumatic arthritis? Also, the VA requires that all ROM measurements be taken with a goniometer. Spinal stenosis is most commonly experienced in the neck and lower part of the back. 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. Yes, but you should talk to a VA Disability law attorney first. Did you receive a VA disability compensation rating of 40%? Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. AVVO 10/10 Superb Rating, BBB A+ Rated. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. This website adheres to the W3Cs AA Accessibility guidelines. Symptoms vary depending on the location of the stenosis and which nerves are affected. Later you develop a spinal stenosis in your neck (cervical) area. .. Jan 17, 2012 #2. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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 . 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 . As you can see, ROM measurements play a significant role in rating spinal conditions. Pocket Card . Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. By continuing to use our website, you agree to these updates. People with spinal conditions also often change how they walk to, 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, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. . Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. 30 percent disability rating: $508.05 per month. We consistently provide experienced, compassionate and ethical representation to our clients. 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. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. See Entitlement Considerations, Section B of this . Other back impairments have a maximum schedular rating of 60 percent or lower. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Causes can include herniated or bulging spinal discs. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. Va rating of 60%. After recovery, the VA will re-evaluate their condition. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 It results in chronic pain, numbness, and weakness in your body. Berry Law gets Veterans the disability compensation they earned. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. 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. Trouble walking, and loss of bowel or bladder control may also result. You should know that it's impossible to get disability benefits if you aren't . In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. yet assertive representation for our clients. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). ). To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. 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. 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 . 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. 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. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. 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. 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. 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 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. About VA disability ratings. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. The diagnostic code for rheumatoid arthritis is 5002. Many people only think about their medical issues when applying for Social Security disability. 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. Errors are frequently made when rating conditions. Do you have a low back (lumbar) injury related to your military service? So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Lumbar spinal stenosis results in low back pain, as well as weakness, numbness, pain and abnormal sensations in the buttocks, thighs, legs, calves, and feet. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. The same veteran with a 100% disability rating would receive $3,106.04. 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. we represent clients nationwide. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. 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. These secondary conditions would be rated separately from the underlying spinal condition. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. . Fax: (757) 220-9451. It will also help if someone else in your division remembers what happened. 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Errors are frequently made when rating conditions. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Entire spine is frozen in an unfavorable position. How to Appeal a Denied Veterans Disability Claim Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. So, they compensate them for the disability on a secondary basis. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. Without these cookies, services you have asked for cannot be provided. have the greatest impact on the veterans ability to work. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) These cookies are essential so that you can move around the website and use its features. Spinal stenosis is a disorder that affects your back. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. 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. 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. . 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. Department of Veterans Affairs Regional Office in New York, New York. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. An. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. This data may be used to help optimize our websites and make them easier for you to navigate. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. The VA will use a series of diagnostic codes for areas of the spine. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 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. Already working with us? Rheumatoid arthritis is a disease that causes destruction of the joints in the body. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. 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 . This can severely affect your movement and eventually takes a toll on your ability to move. A very common impairment caused by this nerve compression is sciatica. This metric is used in calculating your VA disability rating. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. REPRESENTATION. For instance, which pages you go to most. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. Disability benefits are paid for service-connected disabilities. You may be owed compensation. VA physicians will measure your range of motion in six places, using a goniometer. A favorable position means that the spine is frozen at the baseline position or 0% flexion. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 These cookies are necessary for the website to function and cannot be switched off in our systems. 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. We advocate for the disabled. 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. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine 4.71a Schedule of ratings - musculoskeletal system. 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. 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. 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. Ifa Temple Florida,
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