Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Fill out the short form below to contact us. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. 20 percent disability rating: $327.99 per month. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Did you receive a VA disability compensation rating of 40%? If you do not allow these cookies, you will experience less targeted advertising. Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . .. Jan 17, 2012 #2. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Its never too late to apply for VA benefits. Copy this embed code to share the infographic on your own site. 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. You may be owed compensation. 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. These cookies do not store any personal information. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. This can severely affect your movement and eventually takes a toll on your ability to move. 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. Already working with us? If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. 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). VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. This opinion will be most favorable when it comes to establishing service connection. What is the diagnostic code for traumatic arthritis? Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Williamsburg, VA 23185. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 However, these secondary service-connected disabilities are not cumulative. See Entitlement Considerations, Section B of this . This can sometimes be difficult to establish. This field is for validation purposes and should be left unchanged. 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). These cookies dont collect information that identifies you. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Get Directions. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Back braces or corsets are $200 or more. 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. A favorable position means the ROM measurement for flexion or extension is 0 degrees. When your medical disability occurred during your service, it is almost always presumed to be service-connected. That is, they get it wrong more than half the time. We invite you to contact us and welcome your calls, letters and electronic mail. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. The sum of all these degree measurements together is called the ROM (range of motion) measurement. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Cookies help us deliver the best experience on our website. It may also cause bladder and bowel issues. Spine Condition Ratings. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 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. . WITNESS AT HEARING ON APPEAL. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. Canes range from $25 to $100 and walkers can be more than $200. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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. This is particularly true because nerve pain in the extremities can severely impact your earning ability. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. 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. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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 your spinal stenosis or foraminal stenosis is service-connected, or if your condition was aggravated because of your military service, you may qualify for VA disability compensation. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. 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. ). As the foramen close in, it can lead to those nerves becoming pinched. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. NOTE: Entitlement of a spinal condition includes spinal stenosis. While we still have our home base in Florida, I served during peace timein theArmy. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. An. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 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. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. 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. Were You Denied VA Disability Benefits for Spinal Stenosis? In most cases, the medical listing will be insufficient. Function: Postural support of body; extension and lateral movements of spine. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. 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%. To provide even more value to our veterans, this page is only available with an All-Access Membership. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. 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. Rather, they are added using VA math. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 I want to thank Woods & Woods for not letting me give up. Use our VA disability calculator to estimate your. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. Confidential or time-sensitive information should not be sent through this form. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. 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. How to Appeal a Denied Veterans Disability Claim we represent clients nationwide. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Fax: (757) 220-9451. 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. 14K 1,344 9. Muscle spasms are involuntary contractions or extensions of muscles. VA physicians will measure your range of motion in six places, using a goniometer. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Rheumatoid arthritis is rated under its own rating system. 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. Background In 2017, 4.5 million veterans with medical conditions or injuries that occurred or worsened during active-duty service received disability compensation from the Department of Veterans Affairs (VA). If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). This narrowing can be caused by physical injury or degeneration of the spine. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Unfavorable means any position that is not 0 degrees in flexion or extension. For example, the specific code for degenerative arthritis of the spine is 5242. We have updated our Privacy Policy. 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. Department of Veterans Affairs Regional Office in New York, New York. These mistakes cost veterans at least $5.9 million in payments over the period studied. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Most of the time, spinal stenosis occurs in the lower back and the neck. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Extraschedular VA Disability Ratings Some joints are referred to as major joints, while others are referred to as minor joints. If you continue to use this site we will assume that you are happy with it. Spinal conditions can cause nerve problems as well. Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. You must have a positive imaging test (MRI, . Contacting us does not create an attorney-client relationship. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 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. These cookies are essential so that you can move around the website and use its features. 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. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Spinal stenosis Mental health disorders, such as depression and anxiety And more. Lack of cartilage causes pain and limitation of motion. 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. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Your spinal stenosis may cause or contribute to other medical conditions, as well. Errors are frequently made when rating conditions. For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. I bought a home. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. which may qualify you for a higher rating. Yes No Does applicant expect to be out of work for at least 12 months? There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. The spine is considered as a minor joint. Free Disability Evaluation: Step 1. The VA will use a series of diagnostic codes for areas of the spine. . Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. 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. 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. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. The ratings range from 10% to 60%. 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. 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. They fought hard for me and got me more than I ever could dream of. means your spine is locked in a position that is something other than vertical. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. These complications of stenosis are called. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Trouble walking, and loss of bowel or bladder control may also result. The spine is considered as a minor joint. Call 512-454-4000 for help today. 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. 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. 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. 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. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. The VA assigns rating percentages based on the frequency of incapacitating episodes. These are periods of acute pain severe enough for a doctor to proscribe bed rest. The SSA has a specific disability listing for lumbar stenosis. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. You should consult an attorney for advice regarding your individual situation. Pocket Card . Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. It will also help if someone else in your division remembers what happened. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. We consistently provide experienced, compassionate and ethical representation to our clients. Hill & Ponton P.A. Over time, you will attend additional annual exams at an area SCI Center. 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. Does Spinal Stenosis Qualify for Disability Benefits? If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. These secondary conditions would be rated separately from the underlying spinal condition. San Jose, CA: 2880 Zanker Road, Ste. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. This metric is used in calculating your VA disability rating. To continue receiving VA disability benefits, you should be compliant with these exams. Without these cookies, services you have asked for cannot be provided. It results in chronic pain, numbness, and weakness in your body. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. 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. For example, PTSD can lead to sleep apnea. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Later you develop a spinal stenosis in your neck (cervical) area. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. After recovery, the VA will re-evaluate their condition. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. An unfavorable position means that the spine is frozen in a position other than the natural upright position. 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. 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. We are sorry that this post was not as useful for you! When these lateral nerve roots become compressed, it can disrupt the signals passing from your brain and spinal column out through the nerve roots to your arms, legs, and other parts of your body a condition called foraminal stenosis, which can cause radiculopathy. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. Do you have a low back (lumbar) injury related to your military service? 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. The VA has a separate rating system for these conditions. Please complete this form to send us your message. 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. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Updated: August 3, 2020. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. 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. Many people only think about their medical issues when applying for Social Security disability. Schedule an MRI consultation today! A fair VA disability rating for spinal stenosis can be difficult to obtain. Feel free to call us at (866) 232-5777 anytime. . These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. 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. 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. 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. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. So, they compensate them for the disability on a secondary basis. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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.
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