Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. 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%. How to Appeal a Denied Veterans Disability Claim I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. Muscle guarding occurs when muscles react to prevent pain or discomfort. QUALIFYING STATEMENTS . 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. 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. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The VA assigns rating percentages based on the frequency of incapacitating episodes. Disclaimer: This information is not legal advice. The information you obtain on this website is not, nor is it intended to be, legal advice. THE ISSUE. When symptoms are present, they usually start gradually and worsen over time. AVVO 10/10 Superb Rating, BBB A+ Rated. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. A fair VA disability rating for spinal stenosis can be difficult to obtain. .. Jan 17, 2012 #2. I want to thank Woods & Woods for not letting me give up. These cookies do not store any personal information. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Contacting us does not create an attorney-client relationship. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Spinal stenosis is a form of degenerative disc disease. Our firm was founded in 1986 in Orlando, Florida. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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. 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. 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 . This information is not a substitute for legal advice. 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. Use our VA disability calculator to estimate your combined VA rating and monthly payment. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. 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 disability rating may be even lower depending on the segment of the spine that is frozen. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. As the foramen close in, it can lead to those nerves becoming pinched. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. 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. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. ATTORNEY FOR THE . Case Info Step 2. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 . That is, they get it wrong more than half the time. 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. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Spinal conditions can cause nerve problems as well. 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: means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. Full eligibility requirements 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. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. As you can see, ROM measurements play a significant role in rating spinal conditions. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. When pursuing a VA disability rating for back pain, its important to know your options. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. We are sorry that this post was not as useful for you! Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Contact Info Is applicant currently receiving Social Security benefits? 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. The technical storage or access that is used exclusively for anonymous statistical purposes. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. For example, the specific code for degenerative arthritis of the spine is 5242. 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 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. 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. You may be owed compensation. Were You Denied VA Disability Benefits for Spinal Stenosis? 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 . Your spinal stenosis may cause or contribute to other medical conditions, as well. Yes No 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 Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. VA Ratings For Spinal Arthritis & Back Pain. The VA has a separate rating system for these conditions. 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. Appellant. 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. When your medical disability occurred during your service, it is almost always presumed to be service-connected. 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. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. 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). Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. This website adheres to the W3Cs AA Accessibility guidelines. Unfavorable means any position that is not 0 degrees in flexion or extension. In some cases, the VA may help veterans get surgery to treat spinal stenosis. Typically, this would be established by medical records from your time in the military showing that your condition worsened. We invite you to contact us and welcome your calls, letters and electronic mail. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 The VA will use a series of diagnostic codes for areas of the spine. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Symptoms vary depending on the location of the stenosis and which nerves are affected. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. 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). After recovery, the VA will re-evaluate their condition. Both upper (cervical) and . 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. Hill & Ponton P.A. 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. 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. While we still have our home base in Florida, 4.30 Convalescent ratings. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. These mistakes cost veterans at least $5.9 million in payments over the period studied. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Lumbar spinal stenosis . VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. However, Veterans can also receive disability compensation on a secondary basis. Do You Have Long-Term Disability Insurance Coverage? Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. 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. I suffer from many health issues due to the trauma that happened to me in 1980. Williamsburg, VA 23185. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. We use cookies to optimize our website and our service. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Lack of cartilage causes pain and limitation of motion. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. All information these cookies collect is aggregated and therefore anonymous. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 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? 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. Contact Us 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. A TDIU is an award of increased compensation. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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%. If these records do not exist, it may also be possible to support a claim with post-service medical records that show a significant worsening. 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) You could be entitled to $3,627 per month! When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Contact Berry Law today if you need assistance appealing your VA decision. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. They may also be used to keep track of what [products, video, links, etc.] We use cookies to ensure that we give you the best experience on our website. To provide even more value to our veterans, this page is only available with an All-Access Membership. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. yet assertive representation for our clients. 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. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. This field is for validation purposes and should be left unchanged. Extraschedular VA Disability Ratings The SSA has a specific disability listing for lumbar stenosis. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. All rights reserved. The rating will largely depend on whether you have lost range of motion as a result of stenosis. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 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. By using our website, you agree to the use of certain cookies. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. If you have multiple disability ratings, we use them to calculate . Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. You must have a positive imaging test (MRI, . 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Spinal stenosis is a form of degenerative disc disease. Pocket Card . Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Errors are frequently made when rating conditions. The technical storage or access that is used exclusively for statistical purposes. 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. There are two types of spinal stenosis treatment: surgical and non-surgical. These secondary conditions would be rated separately from the underlying spinal condition. That is, they get it wrong more than half the time. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. The amount of base compensation veterans receive . This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. 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. Lumbar IVDS accounts for 62% of all disc disease. 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. If you continue to use this site we will assume that you are happy with it. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Most of the time, spinal stenosis occurs in the lower back and the neck. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. I bought a home. 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. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. 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. To continue receiving VA disability benefits, you should be compliant with these exams. This will effectively increase your VA disability rating. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. If your condition meets the listing criteria, it will automatically be considered a disability. Fill out the short form below to contact us. 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. See Entitlement Considerations, Section B of this . CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. This narrowing can be caused by physical injury or degeneration of the spine. General VA Disability Compensation Benefits Claims Forums . For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority.
Betsy Woodruff Crooked Face,
Rusk State Hospital Haunted,
Articles S