spinal stenosis va disability rating spinal stenosis va disability rating

San Jose, CA: 2880 Zanker Road, Ste. 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. 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. 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. Spinal stenosis Mental health disorders, such as depression and anxiety And more. Case Info Step 2. 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. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. VA.gov Home | Veterans Affairs For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. This makes sense because a spine frozen in an unfavorable position would place the greatest stress on the body and have the greatest impact on the veterans ability to work. Experienced Social Security Disability Lawyer. 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. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. 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. Typically, this would be established by medical records from your time in the military showing that your condition worsened. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Lack of cartilage causes pain and limitation of motion. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Already working with us? VA physicians will measure your range of motion in six places, using a goniometer. 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 . Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 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. 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. 20% Spinal Stenosis VA Rating The diagnostic code for traumatic arthritis is 5010. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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. Their testimony can mean the difference between an approval or a denial of your case. Please complete this form to send us your message. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 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. When pursuing a VA disability rating for back pain, its important to know your options. One of the most common conditions secondary to spinal conditions is radiculopathy. How to Appeal a Denied Veterans Disability Claim Muscle spasms are involuntary contractions or extensions of muscles. Vertebral fractures and dislocations (diagnostic code 5235). VA Disability Benefits for Sciatica and Similar Nerve Conditions 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. 10 percent disability rating: $165.92 per month. 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%. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Lumbar spinal stenosis . It will also help if someone else in your division remembers what happened. Berry Law gets Veterans the disability compensation they earned. If you continue to use this site we will assume that you are happy with it. Spine Condition Ratings Military Disability Made Easy Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full You could be entitled to $3,627 per month! If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Cookies help us deliver the best experience on our website. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. ). 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. 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 . Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. . Disability Benefits for Spinal Stenosis | Nolo Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Entire thoracolumbar spine is frozen in an unfavorable position. Some joints are referred to as major joints, while others are referred to as minor joints. This website adheres to the W3Cs AA Accessibility guidelines. Contacting us does not create an attorney-client relationship. However, generally speaking, symptoms may include the following: Most often, spinal stenosis is caused by overuse or general wear-and-tear changes in the spine related to osteoarthritis. All rights reserved. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. I have my transportation now. For example, PTSD can lead to sleep apnea. 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. 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. This is known as secondary service connection. I bought a home. A favorable position means that the spine is frozen at the baseline position or 0% flexion. 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. Spinal conditions can cause nerve problems as well. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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. A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . Appellant represented by: Disabled American Veterans. 203, San Jose, CA 95134 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. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Your spinal stenosis may cause or contribute to other medical conditions, as well. This can severely affect your movement and eventually takes a toll on your ability to move. Let's talk about your VA disability benefits. Lumbar IVDS accounts for 62% of all disc disease. The disability rating may be even lower depending on the segment of the spine that is frozen. What Happens If You Don't Treat Spinal Stenosis? 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. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. we represent clients nationwide. Is Spinal Stenosis A Permanent Disability | Disability Help Secondary service connection occurs when a service-connected disability causes another disability. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. THE ISSUE. For example, the specific code for degenerative arthritis of the spine is 5242. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. This will effectively increase your VA 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. 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. . Neck Conditions: How To Get VA Disability - The Veterans Law Office Appellant. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. 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. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. 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). You should consult an attorney for advice regarding your individual situation. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Also, the VA requires that all ROM measurements be taken with a goniometer. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. Our doctors know how service-connected disabilities work, so they know what to look for in your file. The VA will use a series of diagnostic codes for areas of the spine. Contact Us This can sometimes be difficult to establish. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans How the Blue Book Can Help with Spinal Stenosis SSD Claim So, spinal disabilities focus on the lack of mobility or range of motion. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Do You Qualify for Long Term Disability Benefits? This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Call 800-544-9144 today for a free case evaluation or contact us here. Full eligibility requirements Spine Condition Ratings. 3 Tiers of Sciatica VA Disability Ratings and How To Apply The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Phone: (757) 220-4529. As the foramen close in, it can lead to those nerves becoming pinched. VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Back braces or corsets are $200 or more. 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%. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. 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. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. Later you develop a spinal stenosis in your neck (cervical) area. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Yes No 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. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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. 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, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. Want to know if you qu. This is particularly true because nerve pain in the extremities can severely impact your earning ability. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. Hill & Ponton P.A. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . 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. These cookies are essential so that you can move around the website and use its features. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. You may be eligible for VA disability benefits if you meet both of these requirements. The disability rating is the highest rating produced by the rating tables. Find Out How To Qualify for Disability with Degenerative Disc Disease Va rating of 60%. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Without these cookies, services you have asked for cannot be provided. Intervertebral Disc Syndrome (IVDS) and VA Disability 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. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. 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. 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 4.30 Convalescent ratings. Spinal stenosis can cause symptoms throughout the body. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. These secondary conditions would be rated separately from the underlying spinal condition. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Degenerative arthritis of the spine, sometimes referred to as facet joint osteoarthritis, causes a breakdown of the cartilage between the facet joints in the back of the spine. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Disability benefits are paid for service-connected disabilities. We have updated our Privacy Policy. These complications of stenosis are called. A 40% VA Rating for the Lumbar Spine - YouTube 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. If you do not allow these cookies, you will experience less targeted advertising. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. This opinion will be most favorable when it comes to establishing service connection. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis.