Use our VA disability calculator to estimate your combined VA rating and monthly payment. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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. which may qualify you for a higher rating. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. This information is made available for educational purposes only and to provide general information and a general understanding of the law. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. An. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. 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. Yes, but you should talk to a VA Disability law attorney first. 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. Pocket Card . Do You Qualify for Long Term Disability Benefits? 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%. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. How to Appeal a Denied Veterans Disability Claim This disruption can cause strange sensations and loss of muscle control in the affected areas. We consistently provide experienced, compassionate and ethical representation to our clients. Less frequently, stenosis can occur in the upper back (thoracic). Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Contact Berry Law today if you need assistance appealing your VA decision. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . In most cases, the medical listing will be insufficient. Your call is always free, and we wont charge you until after we have won your case. Neck Conditions: How To Get VA Disability - The Veterans Law Office To qualify for a 100% rating for stenosis, you would have to have severe ankylosis across your entire spine, locking your spine in an unfavorable condition, unless you have one or more severe secondary conditions. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. However, Veterans can also receive disability compensation on a secondary basis. 100% VA disability rating for spinal cancer. Cookies help us deliver the best experience on our website. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Contact Info Is applicant currently receiving Social Security benefits? All rights reserved. How the Blue Book Can Help with Spinal Stenosis SSD Claim 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 These are periods of acute pain severe enough for a doctor to proscribe bed rest. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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. Feel free to call us at (866) 232-5777 anytime. A TDIU is an award of increased compensation. Already working with us? If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Our doctors know how service-connected disabilities work, so they know what to look for in your file. 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. After recovery, the VA will re-evaluate their condition. Learn How Veterans Can Get VA Benefits for Back Pain Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . Phone: (757) 220-4529. WITNESS AT HEARING ON APPEAL. 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. The diagnostic code for traumatic arthritis is 5010. People with spinal conditions also often change how they walk to, If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Its never too late to apply for VA benefits. When you visit web sites, they may store or retrieve data in your web browser. Contacting us does not create an attorney-client relationship. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Have you been affected by Camp Lejeune water contamination? This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Hill & Ponton P.A. VA Disability Rating for Degenerative Disc Disease Explained (The . The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Find Out How To Qualify for Disability with Degenerative Disc Disease This means that the effects of spinal stenosis are not limited to the back. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Also, the VA requires that all ROM measurements be taken with a goniometer. They may also be used to keep track of what [products, video, links, etc.] We assign you a disability rating based on the severity of your service-connected condition. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. SPINAL CORD STIMULATION - Veterans Benefits Network we represent clients nationwide. Lumbar IVDS accounts for 62% of all disc disease. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. An unfavorable position means that the spine is frozen in a position other than the natural upright position. You may be eligible for VA disability benefits if you meet both of these requirements. VA.gov Home | Veterans Affairs 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%. Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Have a current medical diagnosis for the disability, Have an in-service event or experience that led to the disability, Get a medical nexus connecting the in-service event to the current medical diagnosis. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. A VA lawyer can run through all the scenarios with you for obtaining a fair VA disability rating that reflects the ways spinal stenosis affects you. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Va rating of 60% | Physical Evaluation Board Forum For example, the specific code for degenerative arthritis of the spine is 5242. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. The technical storage or access that is used exclusively for statistical purposes. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. 4.30 Convalescent ratings. How the VA Rates Spinal Stenosis in Florida? Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. The VA has a separate rating system for these conditions. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Entire thoracolumbar spine is frozen in an unfavorable position. Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs yet assertive representation for our clients. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Were You Denied VA Disability Benefits for Spinal Stenosis? In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Over time, you will attend additional annual exams at an area SCI Center. Errors are frequently made when rating conditions. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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. If you do not allow these cookies, you will experience less targeted advertising. 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. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. These cookies allow the website to remember choices you make to give you better functionality and personal features. I bought a home. Va rating of 60%. 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. 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. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. 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. One of the most common conditions secondary to spinal conditions is radiculopathy. 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. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. However, these secondary service-connected disabilities are not cumulative. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Get Directions. Veterans & Spinal Stenosis Disability Rating 888.878.9350 Muscle guarding occurs when muscles react to prevent pain or discomfort. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Function: Postural support of body; extension and lateral movements of spine. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. When pursuing a VA disability rating for back pain, its important to know your options. The rating will largely depend on whether you have lost range of motion as a result of stenosis. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). To provide even more value to our veterans, this page is only available with an All-Access Membership. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Spinal stenosis is most commonly experienced in the neck and lower part of the back. 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. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. 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. 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. The spine is considered as a minor joint. 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. 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. 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) More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be separately rated unless both are frozen in an unfavorable position. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. 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, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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 . The Truth About Spinal Stenosis: Causes Symptoms And Treatments The spine is considered as a minor joint. 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. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. Vertebral fractures and dislocations (diagnostic code 5235). 4.71a Schedule of ratings - musculoskeletal system. Back braces or corsets are $200 or more. Errors are frequently made when rating conditions. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 THE ISSUE. 20 percent disability rating: $327.99 per month. You may also be able to show your spinal stenosis is service-related via a secondary service connection. When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. 10 percent disability rating: $165.92 per month. If your condition meets the listing criteria, it will automatically be considered a disability. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Extraschedular VA Disability Ratings These cookies are essential so that you can move around the website and use its features. How to Win Your Disability Claim for Degenerative Disc Disease This will effectively increase your VA disability rating. You should consult an attorney for advice regarding your individual situation. 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. The diagnostic code for rheumatoid arthritis is 5002. .. Jan 17, 2012 #2. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Please call for an appointment before visiting: Mail Processing Center: P.O. To facilitate this process, the VA has created a ratings table. Federal Register :: Schedule for Rating Disabilities; The Spine The disability rating is the highest rating produced by the rating tables. You may not notice at the onset, but the pain will evolve slowly over time. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 I was hoping someone could point me in the right direction with spinal issues and VA ratings. A favorable position means the ROM measurement for flexion or extension is 0 degrees. 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.