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The ratings range from 10% to 60%. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. 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. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. 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. A fair VA disability rating for spinal stenosis can be difficult to obtain. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Secondary service connection occurs when a service-connected disability causes another disability. 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 . Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. So, spinal disabilities focus on the lack of mobility or range of motion. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 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 VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. 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 . This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Phone: (757) 220-4529. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Updated: August 3, 2020. With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Its never too late to apply for VA benefits. 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) VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain 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. ATTORNEY FOR THE . 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 VA will use a series of diagnostic codes for areas of the spine. We use cookies to ensure that we give you the best experience on our website. Free Disability Evaluation: Step 1. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. We consistently provide experienced, compassionate and ethical representation to our clients. How to Appeal a Denied Veterans Disability Claim VA Disability Rating Levels and Compensation Amounts for Spinal Injury. To provide even more value to our veterans, this page is only available with an All-Access Membership. 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. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. 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. 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. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). We are sorry that this post was not as useful for you! Pocket Card . 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). The SSA has a specific disability listing for lumbar stenosis. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. For example, the specific code for degenerative arthritis of the spine is 5242. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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. Please complete this form to send us your message. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. These cookies do not store any personal information. The technical storage or access that is used exclusively for anonymous statistical purposes. It will also help if someone else in your division remembers what happened. The disability rating may be even lower depending on the segment of the spine that is frozen. 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. These cookies dont collect information that identifies you. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. means your spine is locked in a position that is something other than vertical. 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. Already working with us? During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. This website adheres to the W3Cs AA Accessibility guidelines. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Entire cervical spine is frozen in an unfavorable position. 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. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. In some cases, the VA may help veterans get surgery to treat spinal stenosis. Appellant. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. This information is not a substitute for legal advice. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. . Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. To continue receiving VA disability benefits, you should be compliant with these exams. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. They fought hard for me and got me more than I ever could dream of. Please register to post comments. 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. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. you may be able to get a higher rating due to incapacitating episodes. .. Jan 17, 2012 #2. 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. . 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. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Some joints are referred to as major joints, while others are referred to as minor joints. Fill out the short form below to contact us. 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. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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. An unfavorable position means your spine is locked in a position that is something other than vertical. we represent clients nationwide. Spinal stenosis is a form of degenerative disc disease. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. This narrowing can be caused by physical injury or degeneration of the spine. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Muscle spasms are involuntary contractions or extensions of muscles. Case Info Step 2. These cookies collect information about how you use our website. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Registration is FREE of charge! Va rating of 60%. Spinal discs act as cushions between your vertebrae. 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). Yes, you can. If you do not allow these cookies, you will experience less targeted advertising. These cookies are essential so that you can move around the website and use its features. Use our VA disability calculator to estimate your combined VA rating and monthly payment. To find out more, view our Privacy Policy. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. 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. 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. A favorable position means that the spine is frozen at the baseline position or 0% flexion. 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. Want to know if you qu. Symptoms vary depending on the location of the stenosis and which nerves are affected. 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. 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. 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). You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. 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. 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. See Entitlement Considerations, Section B of this . General VA Disability Compensation Benefits Claims Forums . Spine Condition Ratings. 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. 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Canes range from $25 to $100 and walkers can be more than $200. Neck muscle injuries. Disability benefits are paid for service-connected disabilities. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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 secondary service-connection for the new or aggravated disability. 10 percent disability rating: $165.92 per month. Spinal stenosis can cause symptoms throughout the body. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. However, these secondary service-connected disabilities are not cumulative. The VA has a separate rating system for these conditions. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Back braces or corsets are $200 or more. Appellant represented by: Disabled American Veterans. VA Ratings For Spinal Arthritis & Back Pain. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 30 percent disability rating: $508.05 per month. Experienced Social Security Disability Lawyer. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 I have my transportation now. Entire thoracolumbar spine is frozen in an unfavorable position. 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. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. Contact Us Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. These mistakes cost veterans at least $5.9 million in payments over the period studied. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. Full eligibility requirements To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) Spinal stenosis 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 Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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.