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. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. ). 203, San Jose, CA 95134 In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Later you develop a spinal stenosis in your neck (cervical) area. 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. Updated: August 3, 2020. VA Disability Claims List: What Conditions Can Veterans Claim? THE ISSUE. The spine is considered as a minor joint. I bought a home. This means that the effects of spinal stenosis are not limited to the back. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. For example, the specific code for degenerative arthritis of the spine is 5242. This communication with the firm or any member of the firm does not establish an attorney-client relationship. 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? Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. . Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 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. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. According to Mayo Clinic, a nonprofit academic medical center, spinal stenosis is a narrowing of the space where the nerves run through your spine, causing pain by putting extra pressure on these spinal nerves. 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. Do You Have Long-Term Disability Insurance Coverage? You must have a positive imaging test (MRI, . If you have multiple disability ratings, we use them to calculate . Full eligibility requirements The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Entire spine is frozen in an unfavorable position. About VA disability ratings. Less frequently, stenosis can occur in the upper back (thoracic). Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. The VA assigns rating percentages based on the frequency of incapacitating episodes. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). 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. ATTORNEY FOR THE . The disability rating may be even lower depending on the segment of the spine that is frozen. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. 14K 1,344 9. 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. 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. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Forever Grateful, [K.S.]. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Use our VA disability calculator to estimate your. If you continue to use this site we will assume that you are happy with it. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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%. you may be able to get a higher rating due to incapacitating episodes. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. In some cases, the VA may help veterans get surgery to treat spinal stenosis. Our doctors know how service-connected disabilities work, so they know what to look for in your file. It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. However, Veterans can also receive disability compensation on a secondary basis. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. 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. An. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. For instance, which pages you go to most. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. In most cases, the medical listing will be insufficient. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Experienced Social Security Disability Lawyer. This is known as secondary service connection. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Our goal is to help all fellow Veterans get the disability benefits they deserve. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. You should know that it's impossible to get disability benefits if you aren't . Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. 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 can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. 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. These secondary conditions would be rated separately from the underlying spinal condition. Its never too late to apply for VA benefits. Confidential or time-sensitive information should not be sent through this form. 100% VA disability rating for spinal cancer. Causes can include herniated or bulging spinal discs. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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. Registration is FREE of charge! Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Copy this embed code to share the infographic on your own site. If your condition meets the listing criteria, it will automatically be considered a disability. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Since that time, we have provided compassionate For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Yes, but you should talk to a VA Disability law attorney first. Yes No 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Va rating of 60%. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. This can lead to a misdiagnosis of spinal stenosis. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Did you receive a VA disability compensation rating of 40%? This narrowing can be caused by physical injury or degeneration of the spine. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. We have updated our Privacy Policy. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. 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. 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. 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%. The disability rating is the highest rating produced by the rating tables. 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. 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). This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). 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. I suffer from many health issues due to the trauma that happened to me in 1980. 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. VA physicians will measure your range of motion in six places, using a goniometer. 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). Lumbar spinal stenosis . 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. 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. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. 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. If you experienced a back injury during active duty, or an injury that later contributed to back pain, you may be eligible for disability benefits. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Please register to post comments. 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 . Cookies help us deliver the best experience on our website. It will also help if someone else in your division remembers what happened. 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 . They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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. Additional medical appliances may be required. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Spinal Stenosis by itself means literally nothing, other than that you have a narrowing of the spinal canal at some point (which about 70% of adults have normally). 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. Fax: (757) 220-9451. 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. Some joints are referred to as major joints, while others are referred to as minor joints. Some joints are referred to as major joints, while others are referred to as minor joints. When you visit web sites, they may store or retrieve data in your web browser. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Unfavorable means any position that is not 0 degrees in flexion or extension. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. yet assertive representation for our clients. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. 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. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Contact Us 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. While we still have our home base in Florida, When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). 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. 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%. Symptoms vary depending on the location of the stenosis and which nerves are affected. 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 . The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. They fought hard for me and got me more than I ever could dream of. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. 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. Contacting us does not create an attorney-client relationship. Berry Law gets Veterans the disability compensation they earned. Spinal stenosis is most commonly experienced in the neck and lower part of the back.