Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Lumbar spinal stenosis . With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Contact Berry Law today if you need assistance appealing your VA decision. Spinal stenosis is a disorder that affects your back. 4.71a Schedule of ratings - musculoskeletal system. 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. Let's talk about your VA disability benefits. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Your call is always free, and we wont charge you until after we have won your case. 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%. Contact Info Is applicant currently receiving Social Security benefits? Our firm was founded in 1986 in Orlando, Florida. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. That is, they get it wrong more than half the time. This field is for validation purposes and should be left unchanged. 10 percent disability rating: $165.92 per month. This is particularly true because nerve pain in the extremities can severely impact your earning ability. 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. 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. Disability benefits are paid for service-connected disabilities. These cookies are essential so that you can move around the website and use its features. The VA assigns rating percentages based on the frequency of incapacitating episodes. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 By using our website, you agree to the use of certain cookies. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. which may qualify you for a higher rating. This opinion will be most favorable when it comes to establishing service connection. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. 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%. Updated: August 3, 2020. Have you been affected by Camp Lejeune water contamination? General VA Disability Compensation Benefits Claims Forums . Department of Veterans Affairs Regional Office in New York, New York. An. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. These cookies allow the website to remember choices you make to give you better functionality and personal features. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Symptoms vary depending on the location of the stenosis and which nerves are affected. How to Appeal a Denied Veterans Disability Claim Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. have the greatest impact on the veterans ability to work. 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. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that theres a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. All information these cookies collect is aggregated and therefore anonymous. 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. Function: Postural support of body; extension and lateral movements of spine. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." An unfavorable position means that the spine is frozen in a position other than the natural upright position. we represent clients nationwide. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Muscle guarding occurs when muscles react to prevent pain or discomfort. 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. For instance, which pages you go to most. The diagnostic code for traumatic arthritis is 5010. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. Trouble walking, and loss of bowel or bladder control may also result. means your spine is locked in a position that is something other than vertical. If you do not allow these cookies, you will experience less targeted advertising. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. We advocate for the disabled. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . These complications of stenosis are called. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. San Jose, CA: 2880 Zanker Road, Ste. 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. 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. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. The information you obtain on this website is not, nor is it intended to be, legal advice. Do you have a low back (lumbar) injury related to your military service? Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. VA Ratings For Spinal Arthritis & Back Pain. Spinal stenosis is a form of degenerative disc disease. 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 . 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? 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%. The disability rating is the highest rating produced by the rating tables. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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. Call 512-454-4000 for help today. Call 800-544-9144 today for a free case evaluation or contact us here. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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 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. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: If you were denied VA disability benefits for spinal stenosis, Chisholm Chisholm & Kilpatrick LTD may be able to help you through the appeals process. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Conversely, when the lumbar spine (the lower section of the back) is affected, symptoms may cause pain and nerve sensations in the back, legs, and feet. In order to be granted a VA disability rating for spinal stenosis at 30%, you must meet either of these conditions: Unfavorable ankylosis of the entire cervical spine, or Favorable ankylosis of the entire cervical spine, where your spine is fixed in place but at a neutral position at 0 degrees. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Less frequently, stenosis can occur in the upper back (thoracic). . Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Many people only think about their medical issues when applying for Social Security disability. 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 . Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. When you visit web sites, they may store or retrieve data in your web browser. This data may be used to help optimize our websites and make them easier for you to navigate. 14K 1,344 9. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. 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. This means that the effects of spinal stenosis are not limited to the back. However, these secondary service-connected disabilities are not cumulative. REPRESENTATION. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Causes can include herniated or bulging spinal discs. You should know that it's impossible to get disability benefits if you aren't . 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. 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. Va rating of 60%. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 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. When your medical disability occurred during your service, it is almost always presumed to be service-connected. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. 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. Vertebral fractures and dislocations (diagnostic code 5235). Schedule an MRI consultation today! A favorable position means the ROM measurement for flexion or extension is 0 degrees. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. We get emails all the time asking if certain health problems qualify for benefits. That is, they get it wrong more than half the time. Contact Us 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. 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. Entire spine is frozen in an unfavorable position. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Our goal is to help all fellow Veterans get the disability benefits they deserve. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Were You Denied VA Disability Benefits for Spinal Stenosis? In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. 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. 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Camp Lejeune Lawsuit. 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. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. 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. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. When pursuing a VA disability rating for back pain, its important to know your options. Get Directions. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Appellant represented by: Disabled American Veterans. Your spinal stenosis may cause or contribute to other medical conditions, as well. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. VA physicians will measure your range of motion in six places, using a goniometer. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 20% Spinal Stenosis VA Rating Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. 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. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Muscle spasms are involuntary contractions or extensions of muscles. 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. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. . If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Disclaimer: This information is not legal advice. You can talk these problems over with your physician, as well. We are sorry that this post was not as useful for you! 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 amount of base compensation veterans receive . Fax: (757) 220-9451. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 100% VA disability rating for spinal cancer. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. 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. This information is not a substitute for legal advice. Yes, but you should talk to a VA Disability law attorney first. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. I have my transportation now. 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. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Canes range from $25 to $100 and walkers can be more than $200. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. This information is made available for educational purposes only and to provide general information and a general understanding of the law. 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. To facilitate this process, the VA has created a ratings table. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. The VA routinely mishandles spinal injury claims. 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. Yes No Does applicant expect to be out of work for at least 12 months? This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. If you have multiple disability ratings, we use them to calculate . They fought hard for me and got me more than I ever could dream of. 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) 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. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? 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. There are two types of spinal stenosis treatment: surgical and non-surgical.
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