With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. 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. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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 . For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. we represent clients nationwide. 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. Does Spinal Stenosis Qualify for Disability Benefits? Extraschedular VA Disability Ratings Full eligibility requirements Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. That is, they get it wrong more than half the time. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." About VA disability ratings. To find out more, view our Privacy Policy. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Spinal stenosis can cause symptoms throughout the body. Spinal stenosis is a form of degenerative disc disease. 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. Rather, they are added using VA math. 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. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. As you can see, ROM measurements play a significant role in rating spinal conditions. 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%. 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. You may also qualify for a 100% rating if your back injury renders you. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Call 512-454-4000 for help today. 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. 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. 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. 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. Their testimony can mean the difference between an approval or a denial of your case. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. This disruption can cause strange sensations and loss of muscle control in the affected areas. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Feel free to call us at (866) 232-5777 anytime. Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Whether it manifests itself in your back or through nerve pain throughout your extremities, a VA attorney can help you to obtain the medical examination and collect the records to support your VA disability claim. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. That is, they get it wrong more than half the time. When you visit web sites, they may store or retrieve data in your web browser. Without these cookies, services you have asked for cannot be provided. 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. A very common impairment caused by this nerve compression is sciatica. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. 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. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. 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. Pocket Card . Lack of cartilage causes pain and limitation of motion. All information these cookies collect is aggregated and therefore anonymous. These cookies are essential so that you can move around the website and use its features. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Neck muscle injuries. The disability rating is the highest rating produced by the rating tables. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. The VA routinely mishandles spinal injury claims. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Typically, this would be established by medical records from your time in the military showing that your condition worsened. 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 examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. 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. Department of Veterans Affairs Regional Office in New York, New York. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. QUALIFYING STATEMENTS . For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. 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. Herniated Discs. The rating will largely depend on whether you have lost range of motion as a result of stenosis. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 A TDIU is an award of increased compensation. You may be eligible for VA disability benefits if you meet both of these requirements. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. However, these secondary service-connected disabilities are not cumulative. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. For example, PTSD can lead to sleep apnea. There are two types of spinal stenosis treatment: surgical and non-surgical. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. For example, the specific code for degenerative arthritis of the spine is 5242. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. A favorable position means that the spine is frozen at the baseline position or 0% flexion. 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. We are sorry that this post was not as useful for you! Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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). 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. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 As you can see, ROM measurements play a significant role in rating spinal conditions. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Some joints are referred to as major joints, while others are referred to as minor joints. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. You may not notice at the onset, but the pain will evolve slowly over time. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. This field is for validation purposes and should be left unchanged. 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. Your call is always free, and we wont charge you until after we have won your case. A favorable position means the ROM measurement for flexion or extension is 0 degrees. THE ISSUE. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. I suffer from many health issues due to the trauma that happened to me in 1980. Entire cervical spine is frozen in an unfavorable position. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. Less frequently, stenosis can occur in the upper back (thoracic). 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. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. 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. The VA has a separate rating system for these conditions. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). 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. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Already working with us? For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Some joints are referred to as major joints, while others are referred to as minor joints. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. 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. Do You Have Long-Term Disability Insurance Coverage? An. This information is not a substitute for legal advice. All rights reserved. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. The diagnostic code for rheumatoid arthritis is 5002. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. So, they compensate them for the disability on a secondary basis. As the foramen close in, it can lead to those nerves becoming pinched. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. . If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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%. Use our VA disability calculator to estimate your. These cookies dont collect information that identifies you. 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. This means that the effects of spinal stenosis are not limited to the back. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Errors are frequently made when rating conditions. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. If you have multiple disability ratings, we use them to calculate . Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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? 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. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 100% VA disability rating for spinal cancer. They may also be used to keep track of what [products, video, links, etc.] Learn more about us, Veterans Disability Claim which may qualify you for a higher rating. Over time, you will attend additional annual exams at an area SCI Center. 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 . If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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%. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 203, San Jose, CA 95134 See Entitlement Considerations, Section B of this . Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Registration is FREE of charge! Both upper (cervical) and . Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Contacting us does not create an attorney-client relationship. Many people only think about their medical issues when applying for Social Security disability. 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. Lumbar spinal stenosis results in low back pain, as well as weakness, numbness, pain and abnormal sensations in the buttocks, thighs, legs, calves, and feet. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Function: Postural support of body; extension and lateral movements of spine. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. 4.30 Convalescent ratings. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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 All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Spine Condition Ratings. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. . Your spinal stenosis may cause or contribute to other medical conditions, as well. This is known as secondary service connection. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. I have my transportation now. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The technical storage or access that is used exclusively for anonymous statistical purposes. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . San Jose, CA: 2880 Zanker Road, Ste. Free Disability Evaluation: Step 1. Muscle spasms are involuntary contractions or extensions of muscles. What is the diagnostic code for traumatic arthritis? Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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.
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