Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Secondary service connection occurs when a service-connected disability causes another disability. You may be eligible for VA disability benefits if you meet both of these requirements. 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. Over time, you will attend additional annual exams at an area SCI Center. Other back impairments have a maximum schedular rating of 60 percent or lower. The disability rating is the highest rating produced by the rating tables. Registration is FREE of charge! means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Vertebral fractures and dislocations (diagnostic code 5235). VA physicians will measure your range of motion in six places, using a goniometer. When you visit web sites, they may store or retrieve data in your web browser. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. If there is painful motion, a 10% rating will be assigned. I was hoping someone could point me in the right direction with spinal issues and VA ratings. The SSA has a specific disability listing for lumbar stenosis. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Many people only think about their medical issues when applying for Social Security disability. 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. Appellant. 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). 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. Muscle guarding occurs when muscles react to prevent pain or discomfort. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. The ratings range from 10% to 60%. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. 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. Yes No 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. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. This will effectively increase your VA disability rating. 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. The spine is considered as a minor joint. Please register to post comments. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. 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. 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%. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Updated: August 3, 2020. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Full eligibility requirements Herniated Discs. What is the diagnostic code for traumatic arthritis? There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. 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 exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Later you develop a spinal stenosis in your neck (cervical) area. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. This field is for validation purposes and should be left unchanged. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. have the greatest impact on the veterans ability to work. 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. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. These secondary conditions would be rated separately from the underlying spinal condition. 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 only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Already working with us? They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. So, spinal disabilities focus on the lack of mobility or range of motion. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. 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. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Our goal is to help all fellow Veterans get the disability benefits they deserve. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. The diagnostic code for traumatic arthritis is 5010. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. VA Ratings For Spinal Arthritis & Back Pain. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, contact us today. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 This disruption can cause strange sensations and loss of muscle control in the affected areas. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Entire cervical spine is frozen in an unfavorable position. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Use our VA disability calculator to estimate your combined VA rating and monthly payment. These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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 . Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. Yes, but you should talk to a VA Disability law attorney first. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Contact Us 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. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Entire thoracolumbar spine is frozen in an unfavorable position. 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 For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. 14K 1,344 9. 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 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. That is, your stenosis wasnt diagnosed at the time, but it likely came about as a result of an injury or illness that has been established as service-connected. This metric is used in calculating your VA disability rating. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. Disability benefits are paid for service-connected disabilities. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. I suffer from many health issues due to the trauma that happened to me in 1980. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Call 800-544-9144 today for a free case evaluation or contact us here. Its never too late to apply for VA benefits. Do You Qualify for Long Term Disability Benefits? Less frequently, stenosis can occur in the upper back (thoracic). Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 10 percent disability rating: $165.92 per month. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 About VA disability ratings. When symptoms are present, they usually start gradually and worsen over time. While we still have our home base in Florida, If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Function: Postural support of body; extension and lateral movements of spine. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. means your spine is locked in a position that is something other than vertical. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. The VA will use a series of diagnostic codes for areas of the spine. The rating will largely depend on whether you have lost range of motion as a result of stenosis. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Back braces or corsets are $200 or more. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. you may be able to get a higher rating due to incapacitating episodes. Under the VA regulations, you may request an extra-schedular rating for your disability. Let's talk about your VA disability benefits. The technical storage or access that is used exclusively for statistical purposes. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Does Spinal Stenosis Qualify for Disability Benefits? I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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. Errors are frequently made when rating conditions. THE ISSUE. 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. Department of Veterans Affairs Regional Office in New York, New York. 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. 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. This can sometimes be difficult to establish. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. We advocate for the disabled. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. 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%. Mayo Clinic notes that there are two different types of spinal stenosis: While occasionally a person suffering from spinal stenosis will show zero symptoms, often Veterans seeking VA disability compensation for spinal stenosis will display one or more of the following symptoms: Cervical Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, problems walking, neck pain, and bowel/bladder dysfunction. 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. 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. Pocket Card . Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. 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. 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. 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. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Spinal stenosis can cause symptoms throughout the body. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Have a current medical diagnosis for the disability, Have an in-service event or experience that led to the disability, Get a medical nexus connecting the in-service event to the current medical diagnosis. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. 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? Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Appellant represented by: Disabled American Veterans. I want to thank Woods & Woods for not letting me give up. 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. To facilitate this process, the VA has created a ratings table. Your call is always free, and we wont charge you until after we have won your case. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Camp Lejeune Lawsuit. 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 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. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Neck muscle injuries. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. A favorable position means that the spine is frozen at the baseline position or 0% flexion. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. yet assertive representation for our clients. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. The same veteran with a 100% disability rating would receive $3,106.04. 4.30 Convalescent ratings. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. As the foramen close in, it can lead to those nerves becoming pinched. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. 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. The information you obtain on this website is not, nor is it intended to be, legal advice. Spinal stenosis is a form of degenerative disc disease. 203, San Jose, CA 95134 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Experienced Social Security Disability Lawyer. The spine is considered as a minor joint. 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.