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Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. 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%. Your spinal stenosis may cause or contribute to other medical conditions, as well. Herniated Discs. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. This opinion will be most favorable when it comes to establishing service connection. 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. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Errors are frequently made when rating conditions. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. Less frequently, stenosis can occur in the upper back (thoracic). 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 doctors know how service-connected disabilities work, so they know what to look for in your file. The technical storage or access that is used exclusively for anonymous statistical purposes. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Spinal stenosis is a disorder that affects your back. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. Appellant represented by: Disabled American Veterans. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. After recovery, the VA will re-evaluate their condition. Does Spinal Stenosis Qualify for Disability Benefits? VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. 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. 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. 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. Were You Denied VA Disability Benefits for Spinal Stenosis? We use cookies to ensure that we give you the best experience on our website. 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. SPINAL CORD STIMULATION - Veterans Benefits Network 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. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis Your call is always free, and we wont charge you until after we have won your case. The sum of all these degree measurements together is called the ROM (range of motion) measurement. VA Disability For Back Pain // Appeals, Claims, Denials - Vet Trouble walking, and loss of bowel or bladder control may also result. This means that the effects of spinal stenosis are not limited to the back. The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Hill & Ponton P.A. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute VA Disability Ratings for Back Pain and Spinal Arthritis. I bought a home. All rights reserved. You may not notice at the onset, but the pain will evolve slowly over time. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. A 40% VA Rating for the Lumbar Spine - YouTube When symptoms are present, they usually start gradually and worsen over time. Intervertebral Disc Syndrome (IVDS) and VA Disability Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. 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. 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. VA.gov Home | Veterans Affairs In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. The SSA has a specific disability listing for lumbar stenosis. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Does Spinal Stenosis Qualify for Disability Benefits? VA Disability Ratings for Spinal Stenosis | CCK Law Spinal conditions can cause nerve problems as well. Other back impairments have a maximum schedular rating of 60 percent or lower. Spine Condition Ratings. In order to be granted a VA disability rating for spinal stenosis at 30%, you must meet either of these conditions: Unfavorable ankylosis of the entire cervical spine, or Favorable ankylosis of the entire cervical spine, where your spine is fixed in place but at a neutral position at 0 degrees. ATTORNEY FOR THE . 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. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. The information you obtain on this website is not, nor is it intended to be, legal advice. 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). Case Info Step 2. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Neck Conditions: How To Get VA Disability - The Veterans Law Office 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. This can severely affect your movement and eventually takes a toll on your ability to move. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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. The diagnostic code for rheumatoid arthritis is 5002. What Is Foraminal Stenosis And Can I Qualify For Benefits? Please register to post comments. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. 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. 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. yet assertive representation for our clients. The same veteran with a 100% disability rating would receive $3,106.04. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. 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. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. . It results in chronic pain, numbness, and weakness in your body. 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. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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. Extraschedular VA Disability Ratings All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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. 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%. 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. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. If there is painful motion, a 10% rating will be assigned. 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. 30 percent disability rating: $508.05 per month. For example, the specific code for degenerative arthritis of the spine is 5242. How to Win Your Disability Claim for Degenerative Disc Disease Muscle spasms are involuntary contractions or extensions of muscles. What is the diagnostic code for traumatic arthritis? Lumbar spinal stenosis . During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. This disruption can cause strange sensations and loss of muscle control in the affected areas. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 4.30 Convalescent ratings. 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. Secondary service connection occurs when a service-connected disability causes another disability. Already working with us? How the Blue Book Can Help with Spinal Stenosis SSD Claim Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The New Rating System for Back and Neck Spinal Disability - Lawyer Feel free to call us at (866) 232-5777 anytime. 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. 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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 technical storage or access that is used exclusively for statistical purposes. 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. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw 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. Registration is FREE of charge! Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 We are sorry that this post was not as useful for you! 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. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. . These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. 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. 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. 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Rheumatoid arthritis is rated under its own rating system. 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 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 As you can see, ROM measurements play a significant role in rating spinal conditions. Neck muscle injuries. Get Directions. This can sometimes be difficult to establish. Canes range from $25 to $100 and walkers can be more than $200. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Later you develop a spinal stenosis in your neck (cervical) area. have the greatest impact on the veterans ability to work. Agent Orange exposure and VA disability compensation As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. PDF VA/DoD Clinical Practice Guideline for Diagnosis and Treatment of Low Forever Grateful, [K.S.]. 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. 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. 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. THE ISSUE. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. VA Disability Ratings for Back Pain and Spinal Arthritis Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. VA.gov Home | Veterans Affairs WITNESS AT HEARING ON APPEAL. 10 percent disability rating: $165.92 per month. If you continue to use this site we will assume that you are happy with it. How the VA Rates Spinal Stenosis in Florida? This will effectively increase your VA disability rating. 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). Contacting us does not create an attorney-client relationship. 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. 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. Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Lack of cartilage causes pain and limitation of motion. The VA will use a series of diagnostic codes for areas of the spine. Do You Have Long-Term Disability Insurance Coverage? 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. 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 muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions).

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