Over time, you will attend additional annual exams at an area SCI Center. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. 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. 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. The spine is considered as a minor joint. Camp Lejeune Lawsuit. This means that the effects of spinal stenosis are not limited to the back. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. However, generally speaking, symptoms may include the following: Most often, spinal stenosis is caused by overuse or general wear-and-tear changes in the spine related to osteoarthritis. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. 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. Did you receive a VA disability compensation rating of 40%? Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Over time, you will attend additional annual exams at an area SCI Center. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Not necessarily, but its worth looking at your C-File to see if you had spinal stenosis during your service and it was incorrectly diagnosed. To provide even more value to our veterans, this page is only available with an All-Access Membership. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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. Call 800-544-9144 today for a free case evaluation or contact us here. If you have multiple disability ratings, we use them to calculate . Cervical Spine Conditions - Entitlement Eligibility Guidelines Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. VA Disability Ratings for Spinal Stenosis | CCK Law An. This can sometimes be difficult to establish. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. We assign you a disability rating based on the severity of your service-connected condition. 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 That is, they get it wrong more than half the time. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. 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. We use cookies to ensure that we give you the best experience on our website. Entire thoracolumbar spine is frozen in an unfavorable position. You may also be able to show your spinal stenosis is service-related via a secondary service connection. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Pocket Card . Does Spinal Stenosis Qualify for Disability Benefits? The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. 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. 20% Spinal Stenosis VA Rating If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Evidence of diagnosis of your spinal stenosis while you were in the military; Information about an occurrence or an incident that occurred while you were serving led to the injury or aggravation of this injury; Medical nexus a medical description that connects the diagnosed stenosis with the particular occurrence that is said to lead to it. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. The New Rating System for Back and Neck Spinal Disability - Lawyer Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 This metric is used in calculating your VA disability rating. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Updated: August 3, 2020. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Questions for those familiar with spinal issues and ratings Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. 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. Spondylolisthesis and Spondylolysis - Entitlement Eligibility Case Info Step 2. VA.gov Home | Veterans Affairs This disruption can cause strange sensations and loss of muscle control in the affected areas. You may also qualify for a 100% rating if your back injury renders you. Is Spinal Stenosis A Permanent Disability | Disability Help Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. What is the diagnostic code for traumatic arthritis? Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Call 512-454-4000 for help today. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. 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. To facilitate this process, the VA has created a ratings table. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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%. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. Please complete this form to send us your message. 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. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. .. Jan 17, 2012 #2. 14K 1,344 9. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. VA Disability For Back Impairments - The Veterans Law Office Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 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. Symptoms vary depending on the location of the stenosis and which nerves are affected. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. What Happens If You Don't Treat Spinal Stenosis? 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. 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. When pursuing a VA disability rating for back pain, its important to know your options. 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. 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. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. THE ISSUE. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). The rating will largely depend on whether you have lost range of motion as a result of stenosis. The information you obtain on this website is not, nor is it intended to be, legal advice. 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. 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. I suffer from many health issues due to the trauma that happened to me in 1980. How to Qualify for Disability Benefits With Spondylosis Contacting us does not create an attorney-client relationship. Your spinal stenosis may cause or contribute to other medical conditions, as well. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. 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. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Have you been affected by Camp Lejeune water contamination? which may qualify you for a higher rating. VA Disability Rating for Back Pain | The Tuley Law Office 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. What Is Foraminal Stenosis And Can I Qualify For Benefits? However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Spinal Stenosis Disability Claim Attorney | Filing for Disability In most cases, the medical listing will be insufficient. The VA routinely mishandles spinal injury claims. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. This data may be used to help optimize our websites and make them easier for you to navigate. Spinal stenosis is a form of degenerative disc disease. ). Back braces or corsets are $200 or more. Rheumatoid arthritis is rated under its own rating system. This field is for validation purposes and should be left unchanged. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Spinal stenosis is a form of degenerative disc disease. 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. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. So, they compensate them for the disability on a secondary basis. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. The disability rating may be even lower depending on the segment of the spine that is frozen. Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. If these conservative options dont get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities Do You Have Long-Term Disability Insurance Coverage? Please call for an appointment before visiting: Mail Processing Center: P.O. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Were You Denied VA Disability Benefits for Spinal Stenosis? These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. Learn How Veterans Can Get VA Benefits for Back Pain 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). Yes, but you should talk to a VA Disability law attorney first. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. 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. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. Lumbar spinal stenosis . Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. When your medical disability occurred during your service, it is almost always presumed to be service-connected. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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. These cookies collect information about how you use our website. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. As you can see, ROM measurements play a significant role in rating spinal conditions. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). If the spine is frozen in a favorable position, the disability rating may be capped at 40%. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Federal Register :: Schedule for Rating Disabilities; The Spine By using our website, you agree to the use of certain cookies. These complications of stenosis are called. It may also cause bladder and bowel issues. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. 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. 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. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. You can talk these problems over with your physician, as well. AVVO 10/10 Superb Rating, BBB A+ Rated. We get emails all the time asking if certain health problems qualify for benefits. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. 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 . 30 percent disability rating: $508.05 per month. Most of the time, spinal stenosis occurs in the lower back and the neck. Spinal stenosis can cause symptoms throughout the body. How to Win Your Disability Claim for Degenerative Disc Disease To qualify for a 100% rating for stenosis, you would have to have severe ankylosis across your entire spine, locking your spine in an unfavorable condition, unless you have one or more severe secondary conditions. These are periods of acute pain severe enough for a doctor to proscribe bed rest. VA Disability Rating for Neck Pain | The Tuley Law Office 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. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. All information these cookies collect is aggregated and therefore anonymous. I was injured in Iraq on Nov 19 ,2007, I filed my claims when I got home from Iraq, the V/A called me yesterday and told me that I got a 60% rating for. When symptoms are present, they usually start gradually and worsen over time. 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. . Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. you may be able to get a higher rating due to incapacitating episodes. See Entitlement Considerations, Section B of this . 3 Tiers of Sciatica VA Disability Ratings and How To Apply We use cookies to optimize our website and our service. 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. 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%. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. 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. We consistently provide experienced, compassionate and ethical representation to our clients. You may also qualify for a 100% rating if your back injury renders you unemployable. Less frequently, stenosis can occur in the upper back (thoracic). Getting Veterans (VA) Disability for Spinal Injuries | CCK Law If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results.