spinal stenosis va disability rating

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. The VA has a separate rating system for these conditions. Vertebral fractures and dislocations (diagnostic code 5235). Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. We assign you a disability rating based on the severity of your service-connected condition. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Errors are frequently made when rating conditions. The amount of base compensation veterans receive . Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. 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. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. Disclaimer: This information is not legal advice. However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Their testimony can mean the difference between an approval or a denial of your case. Later you develop a spinal stenosis in your neck (cervical) area. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 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. When these lateral nerve roots become compressed, it can disrupt the signals passing from your brain and spinal column out through the nerve roots to your arms, legs, and other parts of your body a condition called foraminal stenosis, which can cause radiculopathy. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 You can talk these problems over with your physician, as well. 20% Spinal Stenosis VA Rating You should consult an attorney for advice regarding your individual situation. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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) Appellant. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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 Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Lumbar spinal stenosis . Typically, this would be established by medical records from your time in the military showing that your condition worsened. This can lead to a misdiagnosis of spinal stenosis. Some joints are referred to as major joints, while others are referred to as minor joints. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Most of the time, spinal stenosis occurs in the lower back and the neck. 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. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis 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. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. This can severely affect your movement and eventually takes a toll on your ability to move. . The New Rating System for Back and Neck Spinal Disability - Lawyer Background In 2017, 4.5 million veterans with medical conditions or injuries that occurred or worsened during active-duty service received disability compensation from the Department of Veterans Affairs (VA). For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. 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. 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. This information is not a substitute for legal advice. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Back braces or corsets are $200 or more. Additional medical appliances may be required. Were You Denied VA Disability Benefits for 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. A 40% VA Rating for the Lumbar Spine - YouTube All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. They may also be used to keep track of what [products, video, links, etc.] How to Appeal a Denied Veterans Disability Claim I served during peace timein theArmy. Spinal Stenosis Disability Claim Attorney | Filing for Disability This field is for validation purposes and should be left unchanged. Muscle guarding occurs when muscles react to prevent pain or discomfort. To facilitate this process, the VA has created a ratings table. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. One of the most common conditions secondary to spinal conditions is radiculopathy. By using our website, you agree to the use of certain cookies. Lumbar Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, pain or cramping in your legs when you walk, and back pain. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans Spine Condition Ratings. What is the diagnostic code for traumatic arthritis? Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. These cookies are essential so that you can move around the website and use its features. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. When your medical disability occurred during your service, it is almost always presumed to be service-connected. These are periods of acute pain severe enough for a doctor to proscribe bed rest. A favorable position means that the spine is frozen at the baseline position or 0% flexion. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). 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: Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! There are two types of spinal stenosis treatment: surgical and non-surgical. These are periods of acute pain severe enough for a doctor to proscribe bed rest. To provide even more value to our veterans, this page is only available with an All-Access Membership. As the foramen close in, it can lead to those nerves becoming pinched. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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%. Contact Info Is applicant currently receiving Social Security benefits? We use cookies to ensure that we give you the best experience on our website. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Radiculopathy | Johns Hopkins Medicine Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. It is rated under another diagnostic group. 14K 1,344 9. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 The spine is considered as a minor joint. See Entitlement Considerations, Section B of this . Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Berry Law gets Veterans the disability compensation they earned. Fax: (757) 220-9451. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). 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. 3 Tiers of Sciatica VA Disability Ratings and How To Apply If you continue to use this site we will assume that you are happy with it. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. 203, San Jose, CA 95134 5238 Spinal stenosis - Veterans Benefits Network This communication with the firm or any member of the firm does not establish an attorney-client relationship. For example, the specific code for degenerative arthritis of the spine is 5242. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Hill & Ponton P.A. When symptoms are present, they usually start gradually and worsen over time. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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. However, Veterans can also receive disability compensation on a secondary basis. Va rating of 60%. You may be eligible for VA disability benefits if you meet both of these requirements. VA Disability Rating for Neck Pain | The Tuley Law Office If your condition meets the listing criteria, it will automatically be considered a disability. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. It results in chronic pain, numbness, and weakness in your body. Contacting us does not create an attorney-client relationship. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. Disability Benefits for Spinal Stenosis | Nolo Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Our doctors know how service-connected disabilities work, so they know what to look for in your file. This opinion will be most favorable when it comes to establishing service connection. Contacting us does not create an attorney-client relationship. 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. 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. Since that time, we have provided compassionate Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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. 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. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 This metric is used in calculating your VA disability rating. Your spinal stenosis may cause or contribute to other medical conditions, as well. All information these cookies collect is aggregated and therefore anonymous. The VA assigns rating percentages based on the frequency of incapacitating episodes. PDF VA/DoD Clinical Practice Guideline for Diagnosis and Treatment of Low 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 This field is for validation purposes and should be left unchanged. Contact Berry Law today if you need assistance appealing your VA decision. Entitlement to a rating in excess of 20 percent for chronic low back Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. This means that the effects of spinal stenosis are not limited to the back. VA Disability Ratings for Degenerative Disc Disease (DDD) Call 512-454-4000 for help today. These cookies are necessary for the website to function and cannot be switched off in our systems. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Extraschedular VA Disability Ratings Function: Postural support of body; extension and lateral movements of spine. Disability benefits are paid for service-connected disabilities. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Agent Orange exposure and VA disability compensation They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 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. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 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. The Truth About Spinal Stenosis: Causes Symptoms And Treatments 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). VA Disability Ratings for Back Pain and Spinal Arthritis. VA Disability Ratings for Spinal Stenosis | CCK Law However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. Williamsburg, VA 23185. 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. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. If there is painful motion, a 10% rating will be assigned. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Do you have a low back (lumbar) injury related to your military service? 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. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. 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. 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%. These mistakes cost veterans at least $5.9 million in payments over the period studied. It will also help if someone else in your division remembers what happened. How to Qualify for Disability Benefits With Spondylosis 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. Phone: (757) 220-4529. 10 percent disability rating: $165.92 per month. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 WITNESS AT HEARING ON APPEAL. 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. . In most cases, the medical listing will be insufficient. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation Neck muscle injuries. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Our goal is to help all fellow Veterans get the disability benefits they deserve. You may not notice at the onset, but the pain will evolve slowly over time. Causes can include herniated or bulging spinal discs. NOTE: Entitlement of a spinal condition includes spinal stenosis. 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. Learn more about us, Veterans Disability Claim We get emails all the time asking if certain health problems qualify for benefits. You may also be able to show your spinal stenosis is service-related via a secondary service connection. When pursuing a VA disability rating for back pain, its important to know your options. This disruption can cause strange sensations and loss of muscle control in the affected areas. A TDIU is an award of increased compensation. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. As you can see, ROM measurements play a significant role in rating spinal conditions. The SSA has a specific disability listing for lumbar stenosis. The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) means your spine is locked in a position that is something other than vertical. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. Other back impairments have a maximum schedular rating of 60 percent or lower. Updated: August 3, 2020. The diagnostic code for traumatic arthritis is 5010. VA Disability Claims List: What Conditions Can Veterans Claim? have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. 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. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Do You Qualify for Long Term Disability Benefits? Already working with us? Entire thoracolumbar spine is frozen in an unfavorable position. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. 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. 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. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law

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