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. 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. The spine is considered as a minor joint. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. which may qualify you for a higher rating. You must have a positive imaging test (MRI, . These cookies are necessary for the website to function and cannot be switched off in our systems. 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. See Entitlement Considerations, Section B of this . Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. This narrowing can be caused by physical injury or degeneration of the spine. Spinal stenosis Mental health disorders, such as depression and anxiety And more. Updated: August 3, 2020. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 I want to thank Woods & Woods for not letting me give up. Forever Grateful, [K.S.]. Yes, you can. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. 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 the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that theres a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. This opinion will be most favorable when it comes to establishing service connection. The VA assigns rating percentages based on the frequency of incapacitating episodes. Lumbar IVDS accounts for 62% of all disc disease. Yes No 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. 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. All information these cookies collect is aggregated and therefore anonymous. But it can also be a result of a spinal injury. The same veteran with a 100% disability rating would receive $3,106.04. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . 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. You may also qualify for a 100% rating if your back injury renders you. 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. Unfavorable means any position that is not 0 degrees in flexion or extension. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. 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 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. However, Veterans can also receive disability compensation on a secondary basis. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. Its never too late to apply for VA benefits. 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. You could be entitled to $3,627 per month! 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. If you continue to use this site we will assume that you are happy with it. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. An unfavorable position means your spine is locked in a position that is something other than vertical. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. 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. Neck muscle injuries. 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. This metric is used in calculating your VA disability rating. 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. The information you obtain on this website is not, nor is it intended to be, legal advice. Spinal conditions can cause nerve problems as well. It may result in a higher rating, and therefore a greater monthly disability compensation amount. 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. 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. 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 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). 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. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. 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). The amount of base compensation veterans receive . 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. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. we represent clients nationwide. A TDIU is an award of increased compensation. The sum of all these degree measurements together is called the ROM (range of motion) measurement. 4.30 Convalescent ratings. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. These cookies collect information about how you use our website. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. 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. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. You can talk these problems over with your physician, as well. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. .. Jan 17, 2012 #2. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. Va rating of 60%. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. 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. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Case Info Step 2. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. By continuing to use our website, you agree to these updates. They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. 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. You may not notice at the onset, but the pain will evolve slowly over time. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. 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. For example, PTSD can lead to sleep apnea. 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. Appellant. Did you receive a VA disability compensation rating of 40%? 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. It will also help if someone else in your division remembers what happened. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. I served during peace timein theArmy. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. A very common impairment caused by this nerve compression is sciatica. I have my transportation now. Full eligibility requirements So, they compensate them for the disability on a secondary basis. 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. Feel free to call us at (866) 232-5777 anytime. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. This data may be used to help optimize our websites and make them easier for you to navigate. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. If a doctor doesnt use a goniometer to measure your ROM, In addition to the ROM measurements, the general rating criteria for spinal involves whether the cervical and/or thoracolumbar spine is frozen in a favorable vs. unfavorable position. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Use our VA disability calculator to estimate your. These are periods of acute pain severe enough for a doctor to proscribe bed rest. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. 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. Without these cookies, services you have asked for cannot be provided. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. After recovery, the VA will re-evaluate their condition. have the greatest impact on the veterans ability to work. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. This can sometimes be difficult to establish. These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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. To find out more, view our Privacy Policy. 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. VA Disability Claims List: What Conditions Can Veterans Claim? These cookies may be set through our website by our advertising partners. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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