spinal stenosis va disability rating spinal stenosis va disability rating

I suffer from many health issues due to the trauma that happened to me in 1980. 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%. 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. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. PDF VA/DoD Clinical Practice Guideline for Diagnosis and Treatment of Low Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Entire cervical spine is frozen in an unfavorable position. The VA has a separate rating system for these conditions. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. Your spinal stenosis may cause or contribute to other medical conditions, as well. All information these cookies collect is aggregated and therefore anonymous. A fair VA disability rating for spinal stenosis can be difficult to obtain. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. 10 percent disability rating: $165.92 per month. These cookies are essential so that you can move around the website and use its features. 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? 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. SPINAL CORD STIMULATION - Veterans Benefits Network Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. A 40% VA Rating for the Lumbar Spine - YouTube If you do not allow these cookies, you will experience less targeted advertising. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. ). This field is for validation purposes and should be left unchanged. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. Registration is FREE of charge! Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 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. Less frequently, stenosis can occur in the upper back (thoracic). The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Also, the VA requires that all ROM measurements be taken with a goniometer. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. For example, a cervical spine with forward flexion of 15 produces a VA disability percentage of 30% and a lumbar spine with a total ROM of 120 produces a VA disability percentage of 20%, for an overall VA disability rating of 40%. REPRESENTATION. Entitlement to a rating in excess of 20 percent for chronic low back When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. Extraschedular VA Disability Ratings I want to thank Woods & Woods for not letting me give up. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Rather, they are added using VA math. These cookies are necessary for the website to function and cannot be switched off in our systems. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Experienced Social Security Disability Lawyer. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 These measurements are taken while bending the neck and back forward and backward, tilting the neck and back from size to side, and rotating the neck and back to each side. 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. An. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. That is, they get it wrong more than half the time. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. The technical storage or access that is used exclusively for statistical purposes. Spine Condition Ratings Military Disability Made Easy When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Later you develop a spinal stenosis in your neck (cervical) area. Berry Law gets Veterans the disability compensation they earned. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. The disability rating is the highest rating produced by the rating tables. Intervertebral Disc Syndrome (IVDS) and VA Disability VA physicians will measure your range of motion in six places, using a goniometer. 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. Pocket Card . VA Disability Claims List: What Conditions Can Veterans Claim? VA Disability Rating for Back Pain | The Tuley Law Office SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) . They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 4.71a Schedule of ratings - musculoskeletal system. 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: . Call 800-544-9144 today for a free case evaluation or contact us here. . 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. This means that the effects of spinal stenosis are not limited to the back. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Its never too late to apply for VA benefits. 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. We get emails all the time asking if certain health problems qualify for benefits. VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law Yes No I bought a home. The ratings range from 10% to 60%. 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%. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. So, spinal disabilities focus on the lack of mobility or range of motion. VA Disability For Back Impairments - The Veterans Law Office Over time, you will attend additional annual exams at an area SCI Center. Cookies help us deliver the best experience on our website. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Lack of cartilage causes pain and limitation of motion. This information is not a substitute for legal advice. Contacting us does not create an attorney-client relationship. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. This opinion will be most favorable when it comes to establishing service connection. 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). The diagnostic code for rheumatoid arthritis is 5002. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. We are sorry that this post was not as useful for you! The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. Questions for those familiar with spinal issues and ratings The New Rating System for Back and Neck Spinal Disability - Lawyer This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. Without these cookies, services you have asked for cannot be provided. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. 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) These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. For instance, which pages you go to most. 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. Neck muscle injuries. Use our VA disability calculator to estimate your combined VA rating and monthly payment. 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 . Va rating of 60%. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). I have my transportation now. VA Disability Ratings for Back Pain and Spinal Arthritis. However, these secondary service-connected disabilities are not cumulative. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. You should know that it's impossible to get disability benefits if you aren't . The sum of all these degree measurements together is called the ROM (range of motion) measurement. Spinal Stenosis Disability Claim Attorney | Filing for Disability Did you receive a VA disability compensation rating of 40%? The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your 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. As the foramen close in, it can lead to those nerves becoming pinched. 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). Let's talk about your VA disability benefits. 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. WITNESS AT HEARING ON APPEAL. Canes range from $25 to $100 and walkers can be more than $200. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. 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. Vertebral fractures and dislocations (diagnostic code 5235). Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. An unfavorable position means your spine is locked in a position that is something other than vertical. You must have a positive imaging test (MRI, . It is rated under another diagnostic group. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. These cookies may be set through our website by our advertising partners. 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 . Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Radiculopathy | Johns Hopkins Medicine It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. 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. 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. 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%. 20% Spinal Stenosis VA Rating Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Full eligibility requirements 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. Feel free to call us at (866) 232-5777 anytime. 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. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 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. You can talk these problems over with your physician, as well. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Lumbar spinal stenosis . Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. After recovery, the VA will re-evaluate their condition. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. The information you obtain on this website is not, nor is it intended to be, legal advice. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 100% VA disability rating for spinal cancer. For example, a car accident or other trauma such as a back injury caused by service, can dislocate or fracture vertebrae, which could lead to spinal stenosis. 203, San Jose, CA 95134 Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. we represent clients nationwide. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. This can lead to a misdiagnosis of spinal stenosis. 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. VA Disability Ratings for Spinal Stenosis | CCK Law In most cases, the medical listing will be insufficient. Spinal conditions can cause nerve problems as well. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. This communication with the firm or any member of the firm does not establish an attorney-client relationship. VA Disability Rating for Degenerative Disc Disease Explained (The Learn more about us, Veterans Disability Claim 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. 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. 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. 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. A favorable position means the ROM measurement for flexion or extension is 0 degrees. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Some joints are referred to as major joints, while others are referred to as minor joints. So, they compensate them for the disability on a secondary basis. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. 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, contact us today.