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Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. . It will also help if someone else in your division remembers what happened. Some joints are referred to as major joints, while others are referred to as minor joints. The Truth About Spinal Stenosis: Causes Symptoms And Treatments 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). Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. These mistakes cost veterans at least $5.9 million in payments over the period studied. Yes, but you should talk to a VA Disability law attorney first. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. The spine is considered as a minor joint. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. How to Appeal a Denied Veterans Disability Claim We assign you a disability rating based on the severity of your service-connected condition. 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. However, these secondary service-connected disabilities are not cumulative. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Thank you so much Woods & Woods. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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. Contact Info Is applicant currently receiving Social Security benefits? Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. REPRESENTATION. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Both upper (cervical) and . For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. 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. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Disability benefits are paid for service-connected disabilities. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Use our VA disability calculator to estimate your. Some joints are referred to as major joints, while others are referred to as minor joints. 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. By using our website, you agree to the use of certain cookies. Fax: (757) 220-9451. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Full eligibility requirements 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: Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. ). There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. An unfavorable position means your spine is locked in a position that is something other than vertical. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. This opinion will be most favorable when it comes to establishing service connection. When symptoms are present, they usually start gradually and worsen over time. 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. The sum of all these degree measurements together is called the ROM (range of motion) measurement. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. This data may be used to help optimize our websites and make them easier for you to navigate. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Phone: (757) 220-4529. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 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. 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. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! This website adheres to the W3Cs AA Accessibility guidelines. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. 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. Call 800-544-9144 today for a free case evaluation or contact us here. Veterans & Spinal Stenosis Disability Rating 888.878.9350 The technical storage or access that is used exclusively for statistical purposes. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Its never too late to apply for VA benefits. Disability Benefits for Spinal Stenosis | Nolo VA Disability Ratings for Back Pain and Spinal Arthritis. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Cookies help us deliver the best experience on our website. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. If your condition meets the listing criteria, it will automatically be considered a disability. Yes No Does applicant expect to be out of work for at least 12 months? 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. If there is painful motion, a 10% rating will be assigned. 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. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. Already working with us? Contact Berry Law today if you need assistance appealing your VA decision. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Errors are frequently made when rating conditions. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. 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. VA physicians will measure your range of motion in six places, using a goniometer. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. 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. Intervertebral Disc Syndrome (IVDS) and VA Disability Getting Veterans (VA) Disability for Spinal Injuries | CCK Law Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 10 percent disability rating: $165.92 per month. Your spinal stenosis may cause or contribute to other medical conditions, as well. Berry Law gets Veterans the disability compensation they earned. 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. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Additional medical appliances may be required. WITNESS AT HEARING ON APPEAL. 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. 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. It may also cause bladder and bowel issues. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. When you visit web sites, they may store or retrieve data in your web browser. Feel free to call us at (866) 232-5777 anytime. You should know that it's impossible to get disability benefits if you aren't . If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. You may not notice at the onset, but the pain will evolve slowly over time. 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. Spinal discs act as cushions between your vertebrae. This can sometimes be difficult to establish. yet assertive representation for our clients. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). Most of the time, spinal stenosis occurs in the lower back and the neck. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 This is particularly true because nerve pain in the extremities can severely impact your earning ability. 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. ATTORNEY FOR THE . Spinal stenosis - Symptoms and causes - Mayo Clinic VA Disability Ratings for Spinal Stenosis | CCK Law These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. 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 . In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Since that time, we have provided compassionate You should consult an attorney for advice regarding your individual situation. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. 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 the spine is frozen in a favorable position, the disability rating may be capped at 40%. 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. Rather, they are added using VA math. Questions for those familiar with spinal issues and ratings 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. Cervical Spine Conditions - Entitlement Eligibility Guidelines Many people only think about their medical issues when applying for Social Security disability. To find out more, view our Privacy Policy. 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. Herniated Discs. What Happens If You Don't Treat Spinal Stenosis? Entire cervical spine is frozen in an unfavorable position. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. A favorable position means that the spine is frozen at the baseline position or 0% flexion. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. Entitlement to a rating in excess of 20 percent for chronic low back Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. You could be entitled to $3,627 per month! Want to know if you qu. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. 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 diagnostic code for rheumatoid arthritis is 5002. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. 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. Muscle spasms are involuntary contractions or extensions of muscles. Registration is FREE of charge! These cookies do not store any personal information. The VA will use a series of diagnostic codes for areas of the spine. QUALIFYING STATEMENTS . A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. 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. If you are concerned that your VA disability percentage for spinal stenosis fails to account for the extent of your disability, you may wish to speak to a VA benefits lawyer. When pursuing a VA disability rating for back pain, its important to know your options. 20 percent disability rating: $327.99 per month. If you do not allow these cookies, you will experience less targeted advertising. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs.