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. . 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. VA Disability Claims List: What Conditions Can Veterans Claim? These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Vertebral fractures and dislocations (diagnostic code 5235). The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: 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 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. The VA will use a series of diagnostic codes for areas of the spine. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. To facilitate this process, the VA has created a ratings table. Also, the VA requires that all ROM measurements be taken with a goniometer. I want to thank Woods & Woods for not letting me give up. Some joints are referred to as major joints, while others are referred to as minor joints. REPRESENTATION. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. 20% Spinal Stenosis VA Rating As the foramen close in, it can lead to those nerves becoming pinched. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). All rights reserved. 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. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. . We invite you to contact us and welcome your calls, letters and electronic mail. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. You must have a positive imaging test (MRI, . Spinal stenosis is a form of degenerative disc disease. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Later you develop a spinal stenosis in your neck (cervical) area. You may be owed compensation. 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 . Spinal conditions can cause nerve problems as well. You may also be able to show your spinal stenosis is service-related via a secondary service connection. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. 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. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. It may result in a higher rating, and therefore a greater monthly disability compensation amount. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. QUALIFYING STATEMENTS . . However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. They fought hard for me and got me more than I ever could dream of. 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. When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. 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. To continue receiving VA disability benefits, you should be compliant with these exams. Over time, you will attend additional annual exams at an area SCI Center. 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. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. You should know that it's impossible to get disability benefits if you aren't . In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Over time, you will attend additional annual exams at an area SCI Center. Spinal stenosis can cause symptoms throughout the body. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. These cookies do not store any personal information. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. After recovery, the VA will re-evaluate their condition. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. However, these secondary service-connected disabilities are not cumulative. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. We advocate for the disabled. 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. For example, the specific code for degenerative arthritis of the spine is 5242. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Entire thoracolumbar spine is frozen in an unfavorable position. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. 100% VA disability rating for spinal cancer. Rheumatoid arthritis is rated under its own rating system. 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. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. 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. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. have the greatest impact on the veterans ability to work. 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. The SSA has a specific disability listing for lumbar stenosis. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. That is, they get it wrong more than half the time. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. These secondary conditions would be rated separately from the underlying spinal condition. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 If there is painful motion, a 10% rating will be assigned. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Forever Grateful, [K.S.]. Please complete this form to send us your message. Canes range from $25 to $100 and walkers can be more than $200. Confidential or time-sensitive information should not be sent through this form. 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. Your call is always free, and we wont charge you until after we have won your case. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Trouble walking, and loss of bowel or bladder control may also result. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. 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 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 . For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Ratings will fall between 0% and 100% disability. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. 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%. 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. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Registration is FREE of charge! Our firm was founded in 1986 in Orlando, Florida. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Pocket Card . The VA routinely mishandles spinal injury claims. 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. You may also qualify for a 100% rating if your back injury renders you. Lumbar spinal stenosis . Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Unfavorable means any position that is not 0 degrees in flexion or extension. Spinal stenosis is a disorder that affects your back. Fill out the short form below to contact us. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. we represent clients nationwide. 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. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Your spinal stenosis may cause or contribute to other medical conditions, as well. Contact Us We assign you a disability rating based on the severity of your service-connected condition. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Do You Qualify for Long Term Disability Benefits? A very common impairment caused by this nerve compression is sciatica. Under the VA regulations, you may request an extra-schedular rating for your disability. Berry Law gets Veterans the disability compensation they earned. Less frequently, stenosis can occur in the upper back (thoracic). 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. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. I have my transportation now. 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. Case Info Step 2. 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 spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. This information is made available for educational purposes only and to provide general information and a general understanding of the law. 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. Yes No Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Learn more about us, Veterans Disability Claim We get emails all the time asking if certain health problems qualify for benefits. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. An. 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 . 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%. You could be entitled to $3,627 per month! 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. One of the most common conditions secondary to spinal conditions is radiculopathy. Extraschedular VA Disability Ratings Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. But it can also be a result of a spinal injury. The disability rating may be even lower depending on the segment of the spine that is frozen. Spinal Stenosis by itself means literally nothing, other than that you have a narrowing of the spinal canal at some point (which about 70% of adults have normally). 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 instance, which pages you go to most. For example, PTSD can lead to sleep apnea. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." The technical storage or access that is used exclusively for statistical purposes. Spinal discs act as cushions between your vertebrae. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. 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. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). For example, the specific code for degenerative arthritis of the spine is 5242. As you can see, ROM measurements play a significant role in rating spinal conditions. This narrowing can be caused by physical injury or degeneration of the spine. 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. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. This can sometimes be difficult to establish. 4.30 Convalescent ratings. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Muscle spasms are involuntary contractions or extensions of muscles. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. AVVO 10/10 Superb Rating, BBB A+ Rated. Cookies help us deliver the best experience on our website. IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. 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. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. 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. Yes, you can. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Free Disability Evaluation: Step 1. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. These cookies are necessary for the website to function and cannot be switched off in our systems. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). The diagnostic code for rheumatoid arthritis is 5002. 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. Department of Veterans Affairs Regional Office in New York, New York. The spine is considered as a minor joint. The amount of base compensation veterans receive . Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Yes, but you should talk to a VA Disability law attorney first. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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%. By continuing to use our website, you agree to these updates. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, 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. That is, they get it wrong more than half the time. If you do not allow these cookies, you will experience less targeted advertising. 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. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. So, they compensate them for the disability on a secondary basis. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. It will also help if someone else in your division remembers what happened. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Were You Denied VA Disability Benefits for Spinal Stenosis? document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. 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. Experienced Social Security Disability Lawyer. This means that the effects of spinal stenosis are not limited to the back. 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. Rather, they are added using VA math. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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.

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