The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. 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: The VA assigns rating percentages based on the frequency of incapacitating episodes. Herniated Discs. Since that time, we have provided compassionate Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. We are sorry that this post was not as useful for you! However, these secondary service-connected disabilities are not cumulative. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. 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. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. This can lead to a misdiagnosis of spinal stenosis. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. They fought hard for me and got me more than I ever could dream of. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. 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. This opinion will be most favorable when it comes to establishing service connection. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The disability rating is the highest rating produced by the rating tables. You may also qualify for a 100% rating if your back injury renders you unemployable. The VA will use a series of diagnostic codes for areas of the spine. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Spinal stenosis Mental health disorders, such as depression and anxiety And more. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Less frequently, stenosis can occur in the upper back (thoracic). For instance, which pages you go to most. 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. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Entire spine is frozen in an unfavorable position. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. Lumbar spinal stenosis . Ratings will fall between 0% and 100% disability. It may also cause bladder and bowel issues. We consistently provide experienced, compassionate and ethical representation to our clients. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. 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. 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%. Over time, you will attend additional annual exams at an area SCI Center. These cookies do not store any personal information. When symptoms are present, they usually start gradually and worsen over time. A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . 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. Have you been affected by Camp Lejeune water contamination? The disability rating may be even lower depending on the segment of the spine that is frozen. This narrowing can be caused by physical injury or degeneration of the spine. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. VA physicians will measure your range of motion in six places, using a goniometer. The diagnostic code for rheumatoid arthritis is 5002. I have my transportation now. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. If the arthritis does not cause any episodes of incapacitation, but 2 or more joint groups are involved, then a 10% rating will be assigned. The VA has a separate rating system for these conditions. It is rated under another diagnostic group. 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%. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. 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. 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. 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 . Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Please complete this form to send us your message. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid 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. To find out more, view our Privacy Policy. 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. 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Errors are frequently made when rating conditions. This information is not a substitute for legal advice. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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, contact us today. 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. The SSA has a specific disability listing for lumbar stenosis. 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 . Extraschedular VA Disability Ratings Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. There are two types of spinal stenosis treatment: surgical and non-surgical. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. THE ISSUE. Feel free to call us at (866) 232-5777 anytime. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 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. So, they compensate them for the disability on a secondary basis. The ratings range from 10% to 60%. This field is for validation purposes and should be left unchanged. 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. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. All information these cookies collect is aggregated and therefore anonymous. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. For example, the specific code for degenerative arthritis of the spine is 5242. As you can see, ROM measurements play a significant role in rating spinal conditions. 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 If you continue to use this site we will assume that you are happy with it. 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. In most cases, the medical listing will be insufficient. It results in chronic pain, numbness, and weakness in your body. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). You must have a positive imaging test (MRI, . Call 512-454-4000 for help today. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. This metric is used in calculating your VA disability rating. 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). That is, they get it wrong more than half the time. 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. 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. You could be entitled to $3,627 per month! 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. 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 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%. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. 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. 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%. Some joints are referred to as major joints, while others are referred to as minor joints. 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. . Were You Denied VA Disability Benefits for Spinal Stenosis? This will effectively increase your VA disability rating. Muscle guarding occurs when muscles react to prevent pain or discomfort. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. These cookies collect information about how you use our website. Disability benefits are paid for service-connected disabilities. 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. 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. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. 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. 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. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Spinal stenosis is a form of degenerative disc disease. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. We invite you to contact us and welcome your calls, letters and electronic mail. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. NOTE: Entitlement of a spinal condition includes spinal stenosis. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. 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. Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Have a current medical diagnosis for the disability, Have an in-service event or experience that led to the disability, Get a medical nexus connecting the in-service event to the current medical diagnosis. Contacting us does not create an attorney-client relationship. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. 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. Spine Condition Ratings. REPRESENTATION. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. These cookies are essential so that you can move around the website and use its features. 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 . This information is made available for educational purposes only and to provide general information and a general understanding of the law. You may also qualify for a 100% rating if your back injury renders you. Schedule an MRI consultation today! This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 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 field is for validation purposes and should be left unchanged. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 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. Do You Qualify for Long Term Disability Benefits? In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Forever Grateful, [K.S.]. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. Errors are frequently made when rating conditions. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Under the VA regulations, you may request an extra-schedular rating for your disability. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Copy this embed code to share the infographic on your own site. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. We advocate for the disabled. Spinal stenosis is a disorder that affects your back. The spine is considered as a minor joint. yet assertive representation for our clients. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. After recovery, the VA will re-evaluate their condition. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Typically, this would be established by medical records from your time in the military showing that your condition worsened. While we still have our home base in Florida, Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer.
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