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Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Were You Denied VA Disability Benefits for Spinal Stenosis? Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Contact Us 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. We are sorry that this post was not as useful for you! For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Cookies help us deliver the best experience on our website. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Less frequently, stenosis can occur in the upper back (thoracic). 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. It is rated under another diagnostic group. Contact Info Is applicant currently receiving Social Security benefits? 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Is spinal stenosis a disability? Explained by Sharing Culture The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. San Jose, CA: 2880 Zanker Road, Ste. we represent clients nationwide. These cookies do not store any personal information. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. VA Disability Ratings for Back Pain and Spinal Arthritis The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Rheumatoid arthritis is rated under its own rating system. 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. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. A very common impairment caused by this nerve compression is sciatica. This means that the effects of spinal stenosis are not limited to the back. Errors are frequently made when rating conditions. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. I suffer from many health issues due to the trauma that happened to me in 1980. Spondylolisthesis and Spondylolysis - Entitlement Eligibility 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. For example, the specific code for degenerative arthritis of the spine is 5242. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. which may qualify you for a higher rating. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. 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. yet assertive representation for our clients. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. This information is not a substitute for legal advice. 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. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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. 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). 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. Spinal stenosis is a form of degenerative disc disease. Can I Get a Higher VA Rating for a Back Disability? The VA assigns rating percentages based on the frequency of incapacitating episodes. 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). Disability benefits are paid for service-connected disabilities. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. 203, San Jose, CA 95134 Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. VA Disability Ratings for Spinal Stenosis | CCK Law 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. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. After recovery, the VA will re-evaluate their condition. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Spinal stenosis Mental health disorders, such as depression and anxiety And more. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. 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 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. ATTORNEY FOR THE . Case Info Step 2. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. However, Veterans can also receive disability compensation on a secondary basis. Does Spinal Stenosis Qualify for Disability Benefits? Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape Lumbar IVDS accounts for 62% of all disc disease. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. If your condition meets the listing criteria, it will automatically be considered a disability. 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 . 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. 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. This website adheres to the W3Cs AA Accessibility guidelines. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. This data may be used to help optimize our websites and make them easier for you to navigate. Your call is always free, and we wont charge you until after we have won your case. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Appellant represented by: Disabled American Veterans. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. 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. A 40% VA Rating for the Lumbar Spine - YouTube Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The rating will largely depend on whether you have lost range of motion as a result of stenosis. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. SPINAL CORD STIMULATION - Veterans Benefits Network Please register to post comments. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. Spinal Stenosis Disability Claim Attorney | Filing for Disability Intervertebral Disc Syndrome (IVDS) and VA Disability 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Entitlement to a rating in excess of 20 percent for chronic low back You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. All information these cookies collect is aggregated and therefore anonymous. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. 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. Berry Law gets Veterans the disability compensation they earned. How to Appeal a Denied Veterans Disability Claim 20 percent disability rating: $327.99 per month. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. For example, the specific code for degenerative arthritis of the spine is 5242. A fair VA disability rating for spinal stenosis can be difficult to obtain. Schedule an MRI consultation today! Copy this embed code to share the infographic on your own site. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Phone: (757) 220-4529. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Later you develop a spinal stenosis in your neck (cervical) area. Your spinal stenosis may cause or contribute to other medical conditions, as well. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. This metric is used in calculating your VA disability rating. 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. Appellant. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. 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. The diagnostic code for rheumatoid arthritis is 5002. Entire thoracolumbar spine is frozen in an unfavorable position. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 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. 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. Causes can include herniated or bulging spinal discs. 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). When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Is Spinal Stenosis A Permanent Disability | Disability Help WITNESS AT HEARING ON APPEAL. 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. 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 foraminal stenosis, which can cause radiculopathy. 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. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Free Disability Evaluation: Step 1. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. Disclaimer: This information is not legal advice. This is particularly true because nerve pain in the extremities can severely impact your earning ability. There are two types of spinal stenosis treatment: surgical and non-surgical. 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 . In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. How to Qualify for Disability Benefits With Spondylosis In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Since that time, we have provided compassionate The diagnostic code for traumatic arthritis is 5010. The disability rating is the highest rating produced by the rating tables. Feel free to call us at (866) 232-5777 anytime. VA Disability Rating for Back Pain | The Tuley Law Office 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. A TDIU is an award of increased compensation. This field is for validation purposes and should be left unchanged. These cookies are necessary for the website to function and cannot be switched off in our systems. The disability rating may be even lower depending on the segment of the spine that is frozen. Va rating of 60% | Physical Evaluation Board Forum Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. The VA has a separate rating system for these conditions. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Some joints are referred to as major joints, while others are referred to as minor joints. These cookies collect information about how you use our website. Spinal stenosis is a form of degenerative disc disease. I have my transportation now. VA.gov Home | Veterans Affairs If the spine is frozen in a favorable position, the disability rating may be capped at 40%. We use cookies to ensure that we give you the best experience on our website. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Thank you so much Woods & Woods. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. This communication with the firm or any member of the firm does not establish an attorney-client relationship. We assign you a disability rating based on the severity of your service-connected condition. You may be owed compensation. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Trouble walking, and loss of bowel or bladder control may also result. Extraschedular VA Disability Ratings This will effectively increase your VA disability rating. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Full eligibility requirements 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. Spinal Stenosis & Qualifying for Social Security Disability Veterans & Spinal Stenosis Disability Rating 888.878.9350 Cervical Spine Conditions - Entitlement Eligibility Guidelines Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. QUALIFYING STATEMENTS . When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). If you do not allow these cookies, you will experience less targeted advertising. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Updated: August 3, 2020. Call 800-544-9144 today for a free case evaluation or contact us here. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! THE ISSUE. I served during peace timein theArmy. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. ). The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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? 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). In some cases, the VA may help veterans get surgery to treat spinal stenosis. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. 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. Muscle guarding occurs when muscles react to prevent pain or discomfort. 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. We advocate for the disabled. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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. Use our VA disability calculator to estimate your. 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. 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.