The sum of all these degree measurements together is called the ROM (range of motion) measurement. For example, the specific code for degenerative arthritis of the spine is 5242. Do You Qualify for Long Term Disability Benefits? Spinal stenosis can arise from both degenerative conditions (such as arthritis, bulging discs, and herniated discs) and physical injury, such as bone fragments, dislocated vertebrae, or swollen tissues. All information these cookies collect is aggregated and therefore anonymous. Copy this embed code to share the infographic on your own site. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Contacting us does not create an attorney-client relationship. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Additional medical appliances may be required. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. 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). In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. The VA routinely mishandles spinal injury claims. Do you have a low back (lumbar) injury related to your military service? Williamsburg, VA 23185. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. This disruption can cause strange sensations and loss of muscle control in the affected areas. You can talk these problems over with your physician, as well. Spinal stenosis can make it tricky to obtain a fair VA disability rating. In some cases, the VA may help veterans get surgery to treat spinal stenosis. You could be entitled to $3,627 per month! You may also qualify for a 100% rating if your back injury renders you unemployable. If there is painful motion, a 10% rating will be assigned. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Rheumatoid arthritis is rated under its own rating system. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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). Get Directions. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Learn more about us, Veterans Disability Claim However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. If you have multiple disability ratings, we use them to calculate . Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. 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. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). We use cookies to optimize our website and our service. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. So, they compensate them for the disability on a secondary basis. Some joints are referred to as major joints, while others are referred to as minor joints. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 14K 1,344 9. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. Spinal stenosis Mental health disorders, such as depression and anxiety And more. 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. San Jose, CA: 2880 Zanker Road, Ste. Spinal stenosis is most commonly experienced in the neck and lower part of the back. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Call 512-454-4000 for help today. 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. 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 . 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. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. 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. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. This means that the effects of spinal stenosis are not limited to the back. 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. 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%. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. 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. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. 20 percent disability rating: $327.99 per month. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. I suffer from many health issues due to the trauma that happened to me in 1980. 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%. 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. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. 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. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. The VA has a separate rating system for these conditions. That is, they get it wrong more than half the time. . you viewed to avoid repetition. The ratings range from 10% to 60%. Fill out the short form below to contact us. we represent clients nationwide. Lumbar spinal stenosis results in low back pain, as well as weakness, numbness, pain and abnormal sensations in the buttocks, thighs, legs, calves, and feet. Less frequently, stenosis can occur in the upper back (thoracic). However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. 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. Department of Veterans Affairs Regional Office in New York, New York. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Unfavorable means any position that is not 0 degrees in flexion or extension. Entire spine is frozen in an unfavorable position. Contact Berry Law today if you need assistance appealing your VA decision. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. 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. Their testimony can mean the difference between an approval or a denial of your case. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 By using our website, you agree to the use of certain cookies. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. 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. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Use our VA disability calculator to estimate your combined VA rating and monthly payment. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. 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. 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. Muscle spasms are involuntary contractions or extensions of muscles. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. This data may be used to help optimize our websites and make them easier for you to navigate. VA Disability Ratings for Back Pain and Spinal Arthritis. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Errors are frequently made when rating conditions. 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%. Both upper (cervical) and . 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. There are two types of spinal stenosis treatment: surgical and non-surgical. So, spinal disabilities focus on the lack of mobility or range of motion. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. A very common impairment caused by this nerve compression is sciatica. Trouble walking, and loss of bowel or bladder control may also result. 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. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Spinal discs act as cushions between your vertebrae. Camp Lejeune Lawsuit. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . 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