Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. 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). Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. 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. Fax: (757) 220-9451. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . VA Ratings For Spinal Arthritis & Back Pain. San Jose, CA: 2880 Zanker Road, Ste. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. After recovery, the VA will re-evaluate their condition. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. These secondary conditions would be rated separately from the underlying spinal condition. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. Do you have a low back (lumbar) injury related to your military 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. ). Many people only think about their medical issues when applying for Social Security disability. Do You Qualify for Long Term Disability Benefits? The disability rating may be even lower depending on the segment of the spine that is frozen. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. About VA disability ratings. A fair VA disability rating for spinal stenosis can be difficult to obtain. Have you been affected by Camp Lejeune water contamination? 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. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Already working with us? Cookies help us deliver the best experience on our website. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. VA Disability Ratings for Back Pain and Spinal Arthritis. You could be entitled to $3,627 per month! People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Ratings will fall between 0% and 100% disability. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. That is, they get it wrong more than half the time. The SSA has a specific disability listing for lumbar 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. These are periods of acute pain severe enough for a doctor to proscribe bed rest. You should know that it's impossible to get disability benefits if you aren't . An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. 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. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. It results in chronic pain, numbness, and weakness in your body. Canes range from $25 to $100 and walkers can be more than $200. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. For example, the specific code for degenerative arthritis of the spine is 5242. 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. Please register to post comments. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Symptoms vary depending on the location of the stenosis and which nerves are affected. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. This opinion will be most favorable when it comes to establishing service connection. The ratings range from 10% to 60%. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. How to Appeal a Denied Veterans Disability Claim These cookies do not store any personal information. Spinal stenosis can cause symptoms throughout the body. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Entire thoracolumbar spine is frozen in an unfavorable position. As you can see, ROM measurements play a significant role in rating spinal conditions. You must have a positive imaging test (MRI, . With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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%. Spinal stenosis is a form of degenerative disc disease. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. They fought hard for me and got me more than I ever could dream of. 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. Spinal stenosis is most commonly experienced in the neck and lower part of the back. The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Free Disability Evaluation: Step 1. Registration is FREE of charge! The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. We consistently provide experienced, compassionate and ethical representation to our clients. 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. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. 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. We have updated our Privacy Policy. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Schedule an MRI consultation today! Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. 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. The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. Updated: August 3, 2020. Berry Law gets Veterans the disability compensation they earned. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. Contact Info Is applicant currently receiving Social Security benefits? 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 . So, spinal disabilities focus on the lack of mobility or range of motion. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. What is the diagnostic code for traumatic arthritis? In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Case Info Step 2. 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. VA Disability Claims List: What Conditions Can Veterans Claim? SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) 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. Contact Berry Law today if you need assistance appealing your VA decision. Some joints are referred to as major joints, while others are referred to as minor joints. However, Veterans can also receive disability compensation on a secondary basis. Contacting us does not create an attorney-client relationship. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Appellant. We are sorry that this post was not as useful for you! You should consult an attorney for advice regarding your individual situation. I served during peace timein theArmy. 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. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 100% VA disability rating for spinal cancer. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Disclaimer: This information is not legal advice. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. We use cookies to optimize our website and our service. Did you receive a VA disability compensation rating of 40%? 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. Let's talk about your VA disability benefits. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. 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 . By using our website, you agree to the use of certain cookies. 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. These cookies are necessary for the website to function and cannot be switched off in our systems. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. These cookies are essential so that you can move around the website and use its features. 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. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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. 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. you may be able to get a higher rating due to incapacitating episodes. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. Other back impairments have a maximum schedular rating of 60 percent or lower. 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. Contact Us The technical storage or access that is used exclusively for anonymous statistical purposes. You may be eligible for VA disability benefits if you meet both of these requirements. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Disability benefits are paid for service-connected disabilities. 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. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. For example, PTSD can lead to sleep apnea. A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Department of Veterans Affairs Regional Office in New York, New York. 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). The information you obtain on this website is not, nor is it intended to be, legal advice. It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. The VA has a separate rating system for these conditions. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. These cookies allow the website to remember choices you make to give you better functionality and personal features. Spine Condition Ratings. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Fill out the short form below to contact us. 4.30 Convalescent ratings. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. 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. But it can also be a result of a spinal injury. We get emails all the time asking if certain health problems qualify for benefits. Entire spine is frozen in an unfavorable position. If you do not allow these cookies, you will experience less targeted advertising. Feel free to call us at (866) 232-5777 anytime. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. If there is painful motion, a 10% rating will be assigned. Both upper (cervical) and . Appellant represented by: Disabled American Veterans. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Your spinal stenosis may cause or contribute to other medical conditions, as well. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. 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. 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. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. This is known as secondary service connection. A favorable position means the ROM measurement for flexion or extension is 0 degrees. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. This data may be used to help optimize our websites and make them easier for you to navigate. Learn more about us, Veterans Disability Claim