In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. Rather, they are added using VA math. 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Already working with us? 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 . I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. One of the most common conditions secondary to spinal conditions is radiculopathy. 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. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Entire spine is frozen in an unfavorable position. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. We invite you to contact us and welcome your calls, letters and electronic mail. Unfavorable means any position that is not 0 degrees in flexion or extension. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. 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. A fair VA disability rating for spinal stenosis can be difficult to obtain. 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. Later you develop a spinal stenosis in your neck (cervical) area. Feel free to call us at (866) 232-5777 anytime. THE ISSUE. This communication with the firm or any member of the firm does not establish an attorney-client relationship. 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. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Let's talk about your VA disability benefits. As you can see, ROM measurements play a significant role in rating spinal conditions. They fought hard for me and got me more than I ever could dream of. The VA has a separate rating system for these conditions. Yes, you can. You may not notice at the onset, but the pain will evolve slowly over time. Free Disability Evaluation: Step 1. 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. Call 512-454-4000 for help today. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Phone: (757) 220-4529. . 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. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Updated: August 3, 2020. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. To facilitate this process, the VA has created a ratings table. Berry Law gets Veterans the disability compensation they earned. 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 unfavorable position means your spine is locked in a position that is something other than vertical. It is rated under another diagnostic group. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. They may also be used to keep track of what [products, video, links, etc.] Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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. 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. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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%. Entire thoracolumbar spine is frozen in an unfavorable position. Disclaimer: This information is not legal advice. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 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. 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) Some joints are referred to as major joints, while others are referred to as minor joints. 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 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 technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. . Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Full eligibility requirements Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Case Info Step 2. You may also qualify for a 100% rating if your back injury renders you unemployable. Secondary service connection occurs when a service-connected disability causes another disability. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. I want to thank Woods & Woods for not letting me give up. Contact Us When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Vertebral fractures and dislocations (diagnostic code 5235). 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. These cookies dont collect information that identifies you. 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. Registration is FREE of charge! Disability benefits are paid for service-connected disabilities. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. The sum of all these degree measurements together is called the ROM (range of motion) measurement. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . As the foramen close in, it can lead to those nerves becoming pinched. 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. 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. The VA will use a series of diagnostic codes for areas of the spine. Other back impairments have a maximum schedular rating of 60 percent or lower. The rating will largely depend on whether you have lost range of motion as a result of stenosis. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. 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. What is the diagnostic code for traumatic arthritis? Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. So, they compensate them for the disability on a secondary basis. These cookies collect information about how you use our website. 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. In most cases, the medical listing will be insufficient. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. These cookies are essential so that you can move around the website and use its features. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. . Department of Veterans Affairs Regional Office in New York, New York. Spinal stenosis is a form of degenerative disc disease. Causes can include herniated or bulging spinal discs. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Va rating of 60%. 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. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. It will also help if someone else in your division remembers what happened. We consistently provide experienced, compassionate and ethical representation to our clients. 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%. have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Extraschedular VA Disability Ratings You may be eligible for VA disability benefits if you meet both of these requirements. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. When you visit web sites, they may store or retrieve data in your web browser. . 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. you viewed to avoid repetition. These cookies do not store any personal information. Please complete this form to send us your message. 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. You can talk these problems over with your physician, as well. Over time, you will attend additional annual exams at an area SCI Center. The VA assigns rating percentages based on the frequency of incapacitating episodes. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. AVVO 10/10 Superb Rating, BBB A+ Rated. The SSA has a specific disability listing for lumbar stenosis. 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. Lack of cartilage causes pain and limitation of motion. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. You should consult an attorney for advice regarding your individual situation. Herniated Discs. 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. 10 percent disability rating: $165.92 per month. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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. 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? If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. 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. 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. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. 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. This disruption can cause strange sensations and loss of muscle control in the affected areas. These complications of stenosis are called. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. These cookies are necessary for the website to function and cannot be switched off in our systems. Do You Qualify for Long Term Disability Benefits? The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. 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%. Symptoms vary depending on the location of the stenosis and which nerves are affected. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. 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 If you continue to use this site we will assume that you are happy with it. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. Entire cervical spine is frozen in an unfavorable position. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Many people only think about their medical issues when applying for Social Security disability. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Additional medical appliances may be required. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites.
