spinal stenosis va disability rating

The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine 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. 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. An. Rheumatoid arthritis is rated under its own rating system. 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. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. 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. That is, they get it wrong more than half the time. Your spinal stenosis may cause or contribute to other medical conditions, as well. They fought hard for me and got me more than I ever could dream of. However, these secondary service-connected disabilities are not cumulative. The disability rating is the highest rating produced by the rating tables. Lumbar spinal stenosis . As you can see, ROM measurements play a significant role in rating spinal conditions. Spinal discs act as cushions between your vertebrae. 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. The disability rating may be even lower depending on the segment of the spine that is frozen. To provide even more value to our veterans, this page is only available with an All-Access Membership. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 For example, the specific code for degenerative arthritis of the spine is 5242. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Errors are frequently made when rating conditions. 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. ATTORNEY FOR THE . Appellant represented by: Disabled American Veterans. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). By continuing to use our website, you agree to these updates. 20 percent disability rating: $327.99 per month. Case Info Step 2. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Lumbar spinal stenosis results in low back pain, as well as weakness, numbness, pain and abnormal sensations in the buttocks, thighs, legs, calves, and feet. The spine is considered as a minor joint. 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. VA physicians will measure your range of motion in six places, using a goniometer. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. 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 is a disorder that affects your back. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. 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. Call 800-544-9144 today for a free case evaluation or contact us here. 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. See Entitlement Considerations, Section B of this . 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. Do You Qualify for Long Term Disability Benefits? Contacting us does not create an attorney-client relationship. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. 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. Registration is FREE of charge! 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. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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). 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. Confidential or time-sensitive information should not be sent through this form. These cookies collect information about how you use our website. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. To facilitate this process, the VA has created a ratings table. These are periods of acute pain severe enough for a doctor to proscribe bed rest. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 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. 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. 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. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. It will also help if someone else in your division remembers what happened. Please register to post comments. You may be eligible for VA disability benefits if you meet both of these requirements. 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. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. 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? Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Lack of cartilage causes pain and limitation of motion. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Herniated Discs. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Secondary service connection occurs when a service-connected disability causes another disability. 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. Fill out the short form below to contact us. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 The VA has a separate rating system for these conditions. This information is made available for educational purposes only and to provide general information and a general understanding of the law. VA Disability Ratings for Back Pain and Spinal Arthritis. 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. WITNESS AT HEARING ON APPEAL. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Yes No Does applicant expect to be out of work for at least 12 months? The rating will largely depend on whether you have lost range of motion as a result of stenosis. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Function: Postural support of body; extension and lateral movements of spine. 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). 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. With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. 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. Already working with us? The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Disclaimer: This information is not legal advice. have the greatest impact on the veterans ability to work. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 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. Entire spine is frozen in an unfavorable position. 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 . A fair VA disability rating for spinal stenosis can be difficult to obtain. . San Jose, CA: 2880 Zanker Road, Ste. This information is not a substitute for legal advice. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. The rating will largely depend on whether you have lost range of motion as a result of stenosis. I served during peace timein theArmy. 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. To continue receiving VA disability benefits, you should be compliant with these exams. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. I suffer from many health issues due to the trauma that happened to me in 1980. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. The technical storage or access that is used exclusively for statistical purposes. 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. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 These types of lawyers have experience dealing with the laws and rules that govern the VA and may have ideas and suggestions for increasing or challenging your VA disability rating. Errors are frequently made when rating conditions. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. So, spinal disabilities focus on the lack of mobility or range of motion. This can sometimes be difficult to establish. 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. How to Appeal a Denied Veterans Disability Claim What is the diagnostic code for traumatic arthritis? In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. Want to know if you qu. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. For example, a cervical spine with forward flexion of 15 produces a VA disability percentage of 30% and a lumbar spine with a total ROM of 120 produces a VA disability percentage of 20%, for an overall VA disability rating of 40%. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). This opinion will be most favorable when it comes to establishing service connection. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. If there is painful motion, a 10% rating will be assigned. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Spine Condition Ratings. We have updated our Privacy Policy. 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. 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 That is, they get it wrong more than half the time. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. The spine is considered as a minor joint. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. Have you been affected by Camp Lejeune water contamination? The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Back braces or corsets are $200 or more. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). This can severely affect your movement and eventually takes a toll on your ability to move. Contact Info Is applicant currently receiving Social Security benefits? VA Disability Claims List: What Conditions Can Veterans Claim? Since that time, we have provided compassionate 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: As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Free Disability Evaluation: Step 1. This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. One of the most common conditions secondary to spinal conditions is radiculopathy. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 The SSA has a specific disability listing for lumbar stenosis. Extraschedular VA Disability Ratings Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. This field is for validation purposes and should be left unchanged. I want to thank Woods & Woods for not letting me give up. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . 20% Spinal Stenosis VA Rating They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. We advocate for the disabled. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. We use cookies to optimize our website and our service. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Symptoms vary depending on the location of the stenosis and which nerves are affected. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. 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. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. The same veteran with a 100% disability rating would receive $3,106.04. 4.30 Convalescent ratings.

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