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You may be owed compensation. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. 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) Yes, but you should talk to a VA Disability law attorney first. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. The rating will largely depend on whether you have lost range of motion as a result of stenosis. So, spinal disabilities focus on the lack of mobility or range of motion. Contact Info Is applicant currently receiving Social Security benefits? VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. 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. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Free Disability Evaluation: Step 1. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. This metric is used in calculating your VA disability rating. . The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) For example, a car accident or other trauma such as a back injury caused by service, can dislocate or fracture vertebrae, which could lead to spinal stenosis. An unfavorable position means that the spine is frozen in a position other than the natural upright position. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. You could be entitled to $3,627 per month! Muscle spasms are involuntary contractions or extensions of muscles. If you do not allow these cookies, you will experience less targeted advertising. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. When you visit web sites, they may store or retrieve data in your web browser. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. These cookies do not store any personal information. You may not notice at the onset, but the pain will evolve slowly over time. As you can see, ROM measurements play a significant role in rating spinal conditions. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. The New Rating System for Back and Neck Spinal Disability - Lawyer 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. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. You should know that it's impossible to get disability benefits if you aren't . Some joints are referred to as major joints, while others are referred to as minor joints. Degenerative arthritis of the spine, sometimes referred to as facet joint osteoarthritis, causes a breakdown of the cartilage between the facet joints in the back of the spine. Function: Postural support of body; extension and lateral movements of spine. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. How to Appeal a Denied Veterans Disability Claim These cookies dont collect information that identifies you. I served during peace timein theArmy. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Get Directions. Agent Orange exposure and VA disability compensation 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. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). VA Disability Ratings for Back Pain and Spinal Arthritis An unfavorable position means your spine is locked in a position that is something other than vertical. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Herniated Discs. What is the diagnostic code for traumatic arthritis? This can severely affect your movement and eventually takes a toll on your ability to move. This information is not a substitute for legal advice. Both upper (cervical) and . If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. 1.00 Musculoskeletal Disorders - Adult - Social Security Administration When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The sum of all these degree measurements together is called the ROM (range of motion) measurement. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. San Jose, CA: 2880 Zanker Road, Ste. 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. A fair VA disability rating for spinal stenosis can be difficult to obtain. 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. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. Fill out the short form below to contact us. 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. We assign you a disability rating based on the severity of your service-connected condition. 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. Errors are frequently made when rating conditions. There are two types of spinal stenosis treatment: surgical and non-surgical. About VA disability ratings. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. These cookies are essential so that you can move around the website and use its features. Do You Qualify for Long Term Disability Benefits? 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. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. 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. 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. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. 20 percent disability rating: $327.99 per month. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. These cookies allow the website to remember choices you make to give you better functionality and personal features. Case Info Step 2. Please register to post comments. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. A TDIU is an award of increased compensation. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. yet assertive representation for our clients. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis 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. I suffer from many health issues due to the trauma that happened to me in 1980. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. You should consult an attorney for advice regarding your individual situation. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. To find out more, view our Privacy Policy. 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. We advocate for the disabled. Hill & Ponton P.A. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. This field is for validation purposes and should be left unchanged. 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. This disruption can cause strange sensations and loss of muscle control in the affected areas. These mistakes cost veterans at least $5.9 million in payments over the period studied. That is, they get it wrong more than half the time. VA Ratings For Spinal Arthritis & Back Pain. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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 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 exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 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 . You may be eligible for VA disability benefits if you meet both of these requirements. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. We consistently provide experienced, compassionate and ethical representation to our clients. 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. Already working with us? So, if a Veteran has service connection for PTSD and later develops sleep apnea, they can argue that the sleep apnea was caused by their PTSD. Since that time, we have provided compassionate 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 you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation. When your medical disability occurred during your service, it is almost always presumed to be service-connected. Want to know if you qu. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. The VA routinely mishandles spinal injury claims. 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. If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. 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. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. 14K 1,344 9. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Use our VA disability calculator to estimate your. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. 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. VA Disability Rating for Neck Pain | The Tuley Law Office Cervical Spine Conditions - Entitlement Eligibility Guidelines The spine is considered as a minor joint. 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. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. It is rated under another diagnostic group. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. 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. 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. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities 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. 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. Secondary service connection occurs when a service-connected disability causes another disability. Canes range from $25 to $100 and walkers can be more than $200. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. We use cookies to optimize our website and our service. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Spinal discs act as cushions between your vertebrae. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Cookies help us deliver the best experience on our website. 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%. If these records do not exist, it may also be possible to support a claim with post-service medical records that show a significant worsening. The rating will largely depend on whether you have lost range of motion as a result of stenosis. The disability rating is the highest rating produced by the rating tables. Over time, you will attend additional annual exams at an area SCI Center. 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. 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 . Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Getting Veterans (VA) Disability for Spinal Injuries | CCK Law 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. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service.