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. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Want to know if you qu. 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. I want to thank Woods & Woods for not letting me give up. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. This means that the effects of spinal stenosis are not limited to the back. you may be able to get a higher rating due to incapacitating episodes. 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. These cookies collect information about how you use our website. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. All information these cookies collect is aggregated and therefore anonymous. 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. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Confidential or time-sensitive information should not be sent through this form. Learn How Veterans Can Get VA Benefits for Back Pain 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. 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. We assign you a disability rating based on the severity of your service-connected condition. However, Veterans can also receive disability compensation on a secondary basis. How to Win Your Disability Claim for Degenerative Disc Disease 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. The VA routinely mishandles spinal injury claims. What is the diagnostic code for traumatic arthritis? In some cases, the VA may help veterans get surgery to treat spinal stenosis. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. You may not notice at the onset, but the pain will evolve slowly over time. This guide will break down how the VA rates back pain and spinal disabilities, so you can take the first steps toward making a claim. If you have multiple disability ratings, we use them to calculate . Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. The same veteran with a 100% disability rating would receive $3,106.04. Appellant. Since that time, we have provided compassionate Neck muscle injuries. 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. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. 30 percent disability rating: $508.05 per month. It will also help if someone else in your division remembers what happened. However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. 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. Please complete this form to send us your message. Federal Register :: Schedule for Rating Disabilities; The Spine Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm Later you develop a spinal stenosis in your neck (cervical) area. Spinal Stenosis & Qualifying for Social Security Disability 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. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. You can talk these problems over with your physician, as well. We use cookies to ensure that we give you the best experience on our website. have the greatest impact on the veterans ability to work. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. 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. 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) 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. Camp Lejeune Lawsuit. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Under the VA regulations, you may request an extra-schedular rating for your disability. 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 This communication with the firm or any member of the firm does not establish an attorney-client relationship. VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. Muscle guarding occurs when muscles react to prevent pain or discomfort. 5238 Spinal stenosis - Veterans Benefits Network Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Cervical Spine Conditions - Entitlement Eligibility Guidelines If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. They may also be used to keep track of what [products, video, links, etc.] Disability Benefits For Spinal Stenosis - Gillette Law Group Entitlement to a rating in excess of 20 percent for chronic low back Contact Berry Law today if you need assistance appealing your VA decision. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. 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. These cookies may be set through our website by our advertising partners. 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. 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. 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. VA Disability For Back Impairments - The Veterans Law Office Ratings will fall between 0% and 100% disability. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. I have my transportation now. VA Disability Ratings for Degenerative Disc Disease (DDD) However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Schedule an MRI consultation today! 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. 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. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. REPRESENTATION. Spine Condition Ratings Military Disability Made Easy We advocate for the disabled. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. 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. You must have a positive imaging test (MRI, . Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. 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. 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). Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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). Both upper (cervical) and . 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. Contacting us does not create an attorney-client relationship. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Let's talk about your VA disability benefits. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. Mayo Clinic notes that there are two different types of spinal stenosis: While occasionally a person suffering from spinal stenosis will show zero symptoms, often Veterans seeking VA disability compensation for spinal stenosis will display one or more of the following symptoms: Cervical Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, problems walking, neck pain, and bowel/bladder dysfunction. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. This field is for validation purposes and should be left unchanged. 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. 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. VA Disability Claims List: What Conditions Can Veterans Claim? Our firm was founded in 1986 in Orlando, Florida. Forever Grateful, [K.S.]. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). The diagnostic code for traumatic arthritis is 5010. You may also qualify for a 100% rating if your back injury renders you unemployable. 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. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Berry Law gets Veterans the disability compensation they earned. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. 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, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 20% Spinal Stenosis VA Rating If you do not allow these cookies, you will experience less targeted advertising. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. VA physicians will measure your range of motion in six places, using a goniometer. While we still have our home base in Florida, 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. Contact Us Spinal stenosis can make it tricky to obtain a fair VA disability rating. We use cookies to optimize our website and our service. 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. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Spinal stenosis - Symptoms and causes - Mayo Clinic With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. . This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Intervertebral Disc Syndrome (IVDS) and VA Disability There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Muscle spasms are involuntary contractions or extensions of muscles. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. You could be entitled to $3,627 per month! If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. All rights reserved. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. ATTORNEY FOR THE . Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape We invite you to contact us and welcome your calls, letters and electronic mail. yet assertive representation for our clients. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 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. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Lumbar spinal stenosis . Over time, you will attend additional annual exams at an area SCI Center. 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. 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 . Causes can include herniated or bulging spinal discs. 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.