Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. 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. Appellant. In fact, occasionally, the back pain associated with spinal stenosis may be dwarfed by the nerve pain experienced in the legs, feet, arms, and hands. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). 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. There are two types of spinal stenosis treatment: surgical and non-surgical. So, they compensate them for the disability on a secondary basis. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Contact Us However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. 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. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. The spine is considered as a minor joint. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Full eligibility requirements Trouble walking, and loss of bowel or bladder control may also result. Some joints are referred to as major joints, while others are referred to as minor joints. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. 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. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 It is the problems that may be CAUSED by Spinal Stenosis that are rateable. By continuing to use our website, you agree to these updates. This metric is used in calculating your VA disability rating. The VA will use a series of diagnostic codes for areas of the spine. REPRESENTATION. These secondary conditions would be rated separately from the underlying spinal condition. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Without these cookies, services you have asked for cannot be provided. 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. Were You Denied VA Disability Benefits for Spinal Stenosis? The disabilities we propose to add are: spinal stenosis (a narrowing of the central spinal canal that causes pressure on the spinal cord and/or nerve roots, most commonly due to degenerative arthritis or degenerative disc disease) (diagnostic code 5238), spondylolisthesis or segmental instability (slipping of all or part of one vertebra forward . An unfavorable position means your spine is locked in a position that is something other than vertical. 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. If you do not allow these cookies, you will experience less targeted advertising. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. These complications of stenosis are called. 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. Feel free to call us at (866) 232-5777 anytime. This will effectively increase your VA disability rating. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. 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. 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. 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. 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. 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%. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Yes, you can. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 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. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Spine Condition Ratings. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Since that time, we have provided compassionate However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. . The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. Entire cervical spine is frozen in an unfavorable position. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. VA Disability Ratings for Back Pain and Spinal Arthritis. 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) In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 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. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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). If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Yes No Does applicant expect to be out of work for at least 12 months? To find out more, view our Privacy Policy. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Already working with us? To provide even more value to our veterans, this page is only available with an All-Access Membership. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. If you have multiple disability ratings, we use them to calculate . Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. 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. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Additional medical appliances may be required. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. You may also qualify for a 100% rating if your back injury renders you unemployable. 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. 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. You may be eligible for VA disability benefits if you meet both of these requirements. VA physicians will measure your range of motion in six places, using a goniometer. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. 14K 1,344 9. 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. 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. 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. 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. We get emails all the time asking if certain health problems qualify for benefits. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Extraschedular VA Disability Ratings Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Use our VA disability calculator to estimate your combined VA rating and monthly payment. The spine is considered as a minor joint. You may be owed compensation. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. 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. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Some joints are referred to as major joints, while others are referred to as minor joints. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 203, San Jose, CA 95134 We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. 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. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. 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. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . 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. When your medical disability occurred during your service, it is almost always presumed to be service-connected. Canes range from $25 to $100 and walkers can be more than $200. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. 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. Case Info Step 2. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Later you develop a spinal stenosis in your neck (cervical) area. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. Secondary service connection occurs when a service-connected disability causes another disability. means your spine is locked in a position that is something other than vertical. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. General VA Disability Compensation Benefits Claims Forums . Typically, this would be established by medical records from your time in the military showing that your condition worsened. 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. 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. 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. Spinal conditions can cause nerve problems as well. Berry Law gets Veterans the disability compensation they earned. Registration is FREE of charge! The diagnostic code for traumatic arthritis is 5010. 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. Updated: August 3, 2020. . 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. 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. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). Experienced Social Security Disability Lawyer. NOTE: Entitlement of a spinal condition includes spinal stenosis. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. The disability rating is the highest rating produced by the rating tables. Va rating of 60%. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 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. Muscle guarding occurs when muscles react to prevent pain or discomfort. Entire thoracolumbar spine is frozen in an unfavorable position. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. It results in chronic pain, numbness, and weakness in your body. 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. Contacting us does not create an attorney-client relationship. I want to thank Woods & Woods for not letting me give up. 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%. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. 4.71a Schedule of ratings - musculoskeletal system. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Also, the VA requires that all ROM measurements be taken with a goniometer. Learn more about us, Veterans Disability Claim The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Please complete this form to send us your message. A very common impairment caused by this nerve compression is sciatica. Lumbar spinal stenosis . 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. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. It may result in a higher rating, and therefore a greater monthly disability compensation amount. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Other back impairments have a maximum schedular rating of 60 percent or lower. 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 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. 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. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 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. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. 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. 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.