All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. You may also qualify for a 100% rating if your back injury renders you. Pocket Card . 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. However, Veterans can also receive disability compensation on a secondary basis. I want to thank Woods & Woods for not letting me give up. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. 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. That is, they get it wrong more than half the time. 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. Were You Denied VA Disability Benefits for Spinal Stenosis? I suffer from many health issues due to the trauma that happened to me in 1980. For example, if you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Yes No 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. Copy this embed code to share the infographic on your own site. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. 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. This will effectively increase your VA disability rating. If your condition meets the listing criteria, it will automatically be considered a disability. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. NOTE: Entitlement of a spinal condition includes spinal stenosis. You may be eligible for VA disability benefits if you meet both of these requirements. We advocate for the disabled. Do you have a low back (lumbar) injury related to your military service? which may qualify you for a higher rating. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. We use cookies to optimize our website and our service. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. 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). 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) Spinal stenosis Mental health disorders, such as depression and anxiety And more. THE ISSUE. Extraschedular VA Disability Ratings Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. 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. 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. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. The information you obtain on this website is not, nor is it intended to be, legal advice. 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. Function: Postural support of body; extension and lateral movements of spine. These cookies collect information about how you use our website. 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. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Trouble walking, and loss of bowel or bladder control may also result. We invite you to contact us and welcome your calls, letters and electronic mail. 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). 4.71a Schedule of ratings - musculoskeletal system. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. These cookies are essential so that you can move around the website and use its features. 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. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. 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. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 For example, PTSD can lead to sleep apnea. WITNESS AT HEARING ON APPEAL. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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). This can sometimes be difficult to establish. Phone: (757) 220-4529. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. However, these secondary service-connected disabilities are not cumulative. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. We are sorry that this post was not as useful for you! Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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 That is, they get it wrong more than half the time. 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. We assign you a disability rating based on the severity of your service-connected condition. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. 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%. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. A favorable position means the ROM measurement for flexion or extension is 0 degrees. For example, the specific code for degenerative arthritis of the spine is 5242. Call 512-454-4000 for help today. Vertebral fractures and dislocations (diagnostic code 5235). For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Spinal stenosis is a form of degenerative disc disease. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. 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. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. 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. Yes No Does applicant expect to be out of work for at least 12 months? Fax: (757) 220-9451. To find out more, view our Privacy Policy. 100% VA disability rating for spinal cancer. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. The VA routinely mishandles spinal injury claims. You could be entitled to $3,627 per month! Disability benefits are paid for service-connected disabilities. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Symptoms vary depending on the location of the stenosis and which nerves are affected. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. You may also be able to show your spinal stenosis is service-related via a secondary service connection. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. . 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. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 20 percent disability rating: $327.99 per month. These cookies may be set through our website by our advertising partners. VA physicians will measure your range of motion in six places, using a goniometer. Spinal stenosis is most commonly experienced in the neck and lower part of the back. One of the most common conditions secondary to spinal conditions is radiculopathy. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Disclaimer: This information is not legal advice. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Do You Qualify for Long Term Disability Benefits? See Entitlement Considerations, Section B of this . Your spinal stenosis may cause or contribute to other medical conditions, as well. 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 is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. The sum of all these degree measurements together is called the ROM (range of motion) measurement. 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. A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . VA Ratings For Spinal Arthritis & Back Pain. Neck muscle injuries. Contacting us does not create an attorney-client relationship. 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Spine Condition Ratings. 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. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 20% Spinal Stenosis VA Rating VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. 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. means your spine is locked in a position that is something other than vertical. Did you receive a VA disability compensation rating of 40%? It will also help if someone else in your division remembers what happened. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Our firm was founded in 1986 in Orlando, Florida. Our goal is to help all fellow Veterans get the disability benefits they deserve. 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. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Canes range from $25 to $100 and walkers can be more than $200. 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. These cookies are necessary for the website to function and cannot be switched off in our systems. These secondary conditions would be rated separately from the underlying spinal condition. 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. we represent clients nationwide. Yes, you can. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Muscle guarding occurs when muscles react to prevent pain or discomfort. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. The same veteran with a 100% disability rating would receive $3,106.04. 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. Less frequently, stenosis can occur in the upper back (thoracic). Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Spinal stenosis is a disorder that affects your back. Both upper (cervical) and . In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Later you develop a spinal stenosis in your neck (cervical) area. Use our VA disability calculator to estimate your. 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. Over time, you will attend additional annual exams at an area SCI Center. 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. This communication with the firm or any member of the firm does not establish an attorney-client relationship. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. 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. 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. 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). means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. It will also help if someone else in your division remembers what happened. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Your call is always free, and we wont charge you until after we have won your case. Confidential or time-sensitive information should not be sent through this form. After recovery, the VA will re-evaluate their condition. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. The rating will largely depend on whether you have lost range of motion as a result of stenosis. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Since that time, we have provided compassionate In most cases, the medical listing will be insufficient. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Experienced Social Security Disability Lawyer. 14K 1,344 9. Forever Grateful, [K.S.]. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. Updated: August 3, 2020. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. To provide even more value to our veterans, this page is only available with an All-Access Membership. The diagnostic code for rheumatoid arthritis is 5002. 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. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. It results in chronic pain, numbness, and weakness in your body. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. 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.