spinal stenosis va disability rating

These cookies collect information about how you use our website. When you visit web sites, they may store or retrieve data in your web browser. However, Veterans can also receive disability compensation on a secondary basis. That is, they get it wrong more than half the time. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . 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? For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . 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. 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. Cookies help us deliver the best experience on our website. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Williamsburg, VA 23185. These secondary conditions would be rated separately from the underlying spinal condition. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 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. 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). Spine Condition Ratings. We consistently provide experienced, compassionate and ethical representation to our clients. 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? The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. . 30 percent disability rating: $508.05 per month. NOTE: Entitlement of a spinal condition includes spinal stenosis. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Intervertebral Disc Syndrome (IVDS) and VA Disability The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). 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. Their testimony can mean the difference between an approval or a denial of your case. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. How the Blue Book Can Help with Spinal Stenosis SSD Claim For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. means your spine is locked in a position that is something other than vertical. For example, the specific code for degenerative arthritis of the spine is 5242. Disability Benefits for Spinal Stenosis | Nolo The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. These cookies do not store any personal information. Spinal Stenosis & Qualifying for Social Security Disability Rheumatoid arthritis is a disease that causes destruction of the joints in the body. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 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. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). This website adheres to the W3Cs AA Accessibility guidelines. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. 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 . The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. . After recovery, the VA will re-evaluate their condition. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. Herniated Discs. 3 Tiers of Sciatica VA Disability Ratings and How To Apply Use our VA disability calculator to estimate your. VA Disability Claims List: What Conditions Can Veterans Claim? Is Spinal Stenosis A Permanent Disability | Disability Help Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. THE ISSUE. 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. 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. Full eligibility requirements 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. 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) Spine Condition Ratings Military Disability Made Easy .. Jan 17, 2012 #2. Do You Have Long-Term Disability Insurance Coverage? This metric is used in calculating your VA disability rating. 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. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Please register to post comments. That is, they get it wrong more than half the time. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Rather, they are added using VA math. Muscle guarding occurs when muscles react to prevent pain or discomfort. Yes, you can. 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. Schedule an MRI consultation today! Use our VA disability calculator to estimate your combined VA rating and monthly payment. You may also qualify for a 100% rating if your back injury renders you unemployable. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical . Spinal Stenosis Disability Claim Attorney | Filing for Disability Most of the time, spinal stenosis occurs in the lower back and the neck. 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. Copy this embed code to share the infographic on your own site. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. 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. You may also be able to show your spinal stenosis is service-related via a secondary service connection. AVVO 10/10 Superb Rating, BBB A+ Rated. Your spinal stenosis may cause or contribute to other medical conditions, as well. 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. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. 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. This field is for validation purposes and should be left unchanged. 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%. 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. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. Both upper (cervical) and . 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). 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. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation These mistakes cost veterans at least $5.9 million in payments over the period studied. Fax: (757) 220-9451. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 4.30 Convalescent ratings. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. 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. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 203, San Jose, CA 95134 VA Disability Ratings for Back Pain and Spinal Arthritis Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. How to Appeal a Denied Veterans Disability Claim Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. This field is for validation purposes and should be left unchanged. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Radiculopathy | Johns Hopkins Medicine Also, the VA requires that all ROM measurements be taken with a goniometer. VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law 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. 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. 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. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. Over time, you will attend additional annual exams at an area SCI Center. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute 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. Yes No Does applicant expect to be out of work for at least 12 months? For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. 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. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. In fact, occasionally, the back pain associated with spinal stenosis may be dwarfed by the nerve pain experienced in the legs, feet, arms, and hands. Not necessarily, but its worth looking at your C-File to see if you had spinal stenosis during your service and it was incorrectly diagnosed. I have my transportation now. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. 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. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, 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. Does Spinal Stenosis Qualify for Disability Benefits? General VA Disability Compensation Benefits Claims Forums . In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Less frequently, stenosis can occur in the upper back (thoracic). The VA assigns rating percentages based on the frequency of incapacitating episodes. Function: Postural support of body; extension and lateral movements of spine. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities QUALIFYING STATEMENTS . The spine is considered as a minor joint. VA Disability Benefits for Sciatica and Similar Nerve Conditions You could be entitled to $3,627 per month! These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. If you do not allow these cookies, you will experience less targeted advertising. 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. Many people only think about their medical issues when applying for Social Security disability. 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. 20 percent disability rating: $327.99 per month. When pursuing a VA disability rating for back pain, its important to know your options. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Did you receive a VA disability compensation rating of 40%? 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). 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Over time, you will attend additional annual exams at an area SCI Center. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. Spinal stenosis is a form of degenerative disc disease. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis Call 512-454-4000 for help today. The VA routinely mishandles spinal injury claims. The amount of base compensation veterans receive . This will effectively increase your VA disability rating. 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. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Learn more about us, Veterans Disability Claim 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. 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. . Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. 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. Additional medical appliances may be required. 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Lumbar IVDS accounts for 62% of all disc disease. The VA has a separate rating system for these conditions. What is the diagnostic code for traumatic arthritis? 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. I suffer from many health issues due to the trauma that happened to me in 1980. A TDIU is an award of increased compensation. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. VA Disability For Back Pain // Appeals, Claims, Denials - Vet 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. Registration is FREE of charge! 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.

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