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. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical . Additional medical appliances may be required. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. Call 800-544-9144 today for a free case evaluation or contact us here. 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. 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. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. We use cookies to ensure that we give you the best experience on our website. AVVO 10/10 Superb Rating, BBB A+ Rated. Call 512-454-4000 for help today. yet assertive representation for our clients. Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. Schedule an MRI consultation today! VA Ratings For Spinal Arthritis & Back Pain. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Over time, you will attend additional annual exams at an area SCI Center. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). It is the problems that may be CAUSED by Spinal Stenosis that are rateable. If you continue to use this site we will assume that you are happy with it. 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. 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. An unfavorable position means your spine is locked in a position that is something other than vertical. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. Vertebral fractures and dislocations (diagnostic code 5235). Errors are frequently made when rating conditions. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. 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. 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. Case Info Step 2. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Use our VA disability calculator to estimate your combined VA rating and monthly payment. 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. 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. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Some joints are referred to as major joints, while others are referred to as minor joints. Have you been affected by Camp Lejeune water contamination? 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Your spinal stenosis may cause or contribute to other medical conditions, as well. . I served during peace timein theArmy. Entire cervical spine is frozen in an unfavorable position. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. 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. But it can also be a result of a spinal injury. 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%. The VA assigns rating percentages based on the frequency of incapacitating episodes. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. If you have multiple disability ratings, we use them to calculate . means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 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. 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) An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. 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. 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. 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. If the condition is not severe enough to meet the above criteria, then the VA rating for back pain / arthritis will be based on specific symptoms. Please call for an appointment before visiting: Mail Processing Center: P.O. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. 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. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Some joints are referred to as major joints, while others are referred to as minor joints. Causes can include herniated or bulging spinal discs. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. The diagnostic code for rheumatoid arthritis is 5002. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Their testimony can mean the difference between an approval or a denial of your case. This field is for validation purposes and should be left unchanged. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). Please register to post comments. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. See Entitlement Considerations, Section B of this . However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. This field is for validation purposes and should be left unchanged. This can sometimes be difficult to establish. 10 percent disability rating: $165.92 per month. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . When pursuing a VA disability rating for back pain, its important to know your options. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Entire spine is frozen in an unfavorable position. 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. For example, if rheumatoid arthritis of the spine results in pain with motion, the condition will be rated according to the criteria set forth in 5003 as described above. We consistently provide experienced, compassionate and ethical representation to our clients. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. There are two types of spinal stenosis treatment: surgical and non-surgical. General VA Disability Compensation Benefits Claims Forums . Pocket Card . Both upper (cervical) and . 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 you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. 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%. 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. Learn more about us, Veterans Disability Claim VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. An. 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. Spinal conditions can cause nerve problems as well. While we still have our home base in Florida, If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. We assign you a disability rating based on the severity of your service-connected condition. It may result in a higher rating, and therefore a greater monthly disability compensation amount. One of the most common conditions secondary to spinal conditions is radiculopathy. WITNESS AT HEARING ON APPEAL. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. 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. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Unfavorable means any position that is not 0 degrees in flexion or extension. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Fill out the short form below to contact us. These cookies do not store any personal information. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. You may also qualify for a 100% rating if your back injury renders you. Its never too late to apply for VA benefits. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. All information these cookies collect is aggregated and therefore anonymous. have the greatest impact on the veterans ability to work. The VA routinely mishandles spinal injury claims. 30 percent disability rating: $508.05 per month. 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. Want to know if you qu. 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. If the condition is not severe enough to meet the above criteria, then the VA rating for back pain / arthritis will be based on specific symptoms. Please complete this form to send us your message. Under the VA regulations, you may request an extra-schedular rating for your disability. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. It is rated under another diagnostic group. 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). Extraschedular VA Disability Ratings If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer. REPRESENTATION. Phone: (757) 220-4529. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. Since that time, we have provided compassionate 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 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. Function: Postural support of body; extension and lateral movements of spine. 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 your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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. Most of the time, spinal stenosis occurs in the lower back and the neck. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. Use our VA disability calculator to estimate your. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. This opinion will be most favorable when it comes to establishing service connection. 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. About VA disability ratings. Yes, but you should talk to a VA Disability law attorney first. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). 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. Entire thoracolumbar spine is frozen in an unfavorable position. Experienced Social Security Disability Lawyer. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. However, Veterans can also receive disability compensation on a secondary basis. 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 . 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. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. .. Jan 17, 2012 #2. Hill & Ponton P.A. I have my transportation now. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Errors are frequently made when rating conditions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. The ratings range from 10% to 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 VA will use a series of diagnostic codes for areas of the spine. 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. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. VA Disability Ratings for Back Pain and Spinal Arthritis. 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? These cookies collect information about how you use our website. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Do you have a low back (lumbar) injury related to your military service? Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The technical storage or access that is used exclusively for anonymous statistical purposes. Symptoms vary depending on the location of the stenosis and which nerves are affected. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. 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. 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. Spinal stenosis can cause symptoms throughout the body. This can lead to a misdiagnosis of spinal stenosis. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Spinal stenosis is a disorder that affects your back. These cookies are essential so that you can move around the website and use its features. 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. Thank you so much Woods & Woods. Canes range from $25 to $100 and walkers can be more than $200. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 The information you obtain on this website is not, nor is it intended to be, legal advice. For example, the specific code for degenerative arthritis of the spine is 5242. 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. So, they compensate them for the disability on a secondary basis. Let's talk about your VA disability benefits. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year.