spinal stenosis va disability rating

Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. 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. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. 4.71a Schedule of ratings - musculoskeletal system. One of the most common conditions secondary to spinal conditions is radiculopathy. You may not notice at the onset, but the pain will evolve slowly over time. 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. This will effectively increase your VA disability rating. This opinion will be most favorable when it comes to establishing service connection. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. QUALIFYING STATEMENTS . 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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%. yet assertive representation for our clients. To find out more, view our Privacy Policy. Does Spinal Stenosis Qualify for Disability Benefits? Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . we represent clients nationwide. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 We assign you a disability rating based on the severity of your service-connected condition. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. WITNESS AT HEARING ON APPEAL. 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. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 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. The same veteran with a 100% disability rating would receive $3,106.04. I have my transportation now. 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. 203, San Jose, CA 95134 Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. 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 . 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. However, Veterans can also receive disability compensation on a secondary basis. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. you may be able to get a higher rating due to incapacitating episodes. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. It may result in a higher rating, and therefore a greater monthly disability compensation amount. It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. Do you have a low back (lumbar) injury related to your military service? These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. Contact Berry Law today if you need assistance appealing your VA decision. VA physicians will measure your range of motion in six places, using a goniometer. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. This can lead to a misdiagnosis of spinal stenosis. . According to Mayo Clinic, a nonprofit academic medical center, spinal stenosis is a narrowing of the space where the nerves run through your spine, causing pain by putting extra pressure on these spinal nerves. These cookies collect information about how you use our website. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 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. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. You should consult an attorney for advice regarding your individual situation. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. But it can also be a result of a spinal injury. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. 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. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. This is particularly true because nerve pain in the extremities can severely impact your earning ability. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Full eligibility requirements Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 There are two types of spinal stenosis treatment: surgical and non-surgical. 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. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. We use cookies to ensure that we give you the best experience on our website. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. 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, contact us today. Fax: (757) 220-9451. Phone: (757) 220-4529. 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. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. As you can see, ROM measurements play a significant role in rating spinal conditions. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. 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 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. As the foramen close in, it can lead to those nerves becoming pinched. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. This field is for validation purposes and should be left unchanged. This field is for validation purposes and should be left unchanged. So, spinal disabilities focus on the lack of mobility or range of motion. Herniated Discs. Yes, but you should talk to a VA Disability law attorney first. 100% VA disability rating for spinal cancer. 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%. Yes No Does applicant expect to be out of work for at least 12 months? These cookies do not store any personal information. Spinal discs act as cushions between your vertebrae. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. 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 . You may be owed compensation. 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. 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. For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). The latter two will show whether soft tissue may be impinging or invading the spinal cord area. 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. Learn more about us, Veterans Disability Claim A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Use our VA disability calculator to estimate your combined VA rating and monthly payment. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. 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. Contacting us does not create an attorney-client relationship. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Both upper (cervical) and . A favorable position means that the spine is frozen at the baseline position or 0% flexion. 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. We are sorry that this post was not as useful for you! Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . By continuing to use our website, you agree to these updates. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. They may also be used to keep track of what [products, video, links, etc.] 20 percent disability rating: $327.99 per month. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Hill & Ponton P.A. The SSA has a specific disability listing for lumbar stenosis. Were You Denied VA Disability Benefits for Spinal Stenosis? Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. All information these cookies collect is aggregated and therefore anonymous. When you visit web sites, they may store or retrieve data in your web browser. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Your spinal stenosis may cause or contribute to other medical conditions, as well. 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. This information is made available for educational purposes only and to provide general information and a general understanding of the law. ). In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. 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). They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Appellant. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 The rating will largely depend on whether you have lost range of motion as a result of stenosis. Also, the VA requires that all ROM measurements be taken with a goniometer. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. REPRESENTATION. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. For example, if 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. 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region.

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