Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. 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. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Canes range from $25 to $100 and walkers can be more than $200. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. Also, the VA requires that all ROM measurements be taken with a goniometer. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . 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. The disability rating is the highest rating produced by the rating tables. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. 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. 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. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. What Happens If You Don't Treat Spinal Stenosis? So, spinal disabilities focus on the lack of mobility or range of motion. Is Spinal Stenosis A Permanent Disability | Disability Help Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. How the Blue Book Can Help with Spinal Stenosis SSD Claim Over time, you will attend additional annual exams at an area SCI Center. This is known as secondary service connection. 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. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. Already working with us? The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Yes No If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. You could be entitled to $3,627 per month! 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. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Agent Orange exposure and VA disability compensation 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. We invite you to contact us and welcome your calls, letters and electronic mail. If you continue to use this site we will assume that you are happy with it. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. SPINAL CORD STIMULATION - Veterans Benefits Network Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. VA Disability Ratings for Degenerative Disc Disease (DDD) This can sometimes be difficult to establish. VA.gov Home | Veterans Affairs VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. It may also cause bladder and bowel issues. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Also, the VA requires that all ROM measurements be taken with a goniometer. They fought hard for me and got me more than I ever could dream of. 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. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis Errors are frequently made when rating conditions. I was hoping someone could point me in the right direction with spinal issues and VA ratings. See Entitlement Considerations, Section B of this . Our doctors know how service-connected disabilities work, so they know what to look for in your file. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. If your spinal stenosis or foraminal stenosis is service-connected, or if your condition was aggravated because of your military service, you may qualify for VA disability compensation. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. If you have multiple disability ratings, we use them to calculate . Updated: August 3, 2020. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority. Want to know if you qu. One of the most common conditions secondary to spinal conditions is radiculopathy. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Disability Benefits For Spinal Stenosis - Gillette Law Group 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. Spinal Stenosis & Qualifying for Social Security Disability Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Spinal stenosis can make it tricky to obtain a fair VA disability rating. The VA will use a series of diagnostic codes for areas of the spine. Contacting us does not create an attorney-client relationship. 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 cookies may be set through our website by our advertising partners. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. The rating will largely depend on whether you have lost range of motion as a result of stenosis. How to Win Your Disability Claim for Degenerative Disc Disease Our firm was founded in 1986 in Orlando, Florida. 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. How to Appeal a Denied Veterans Disability Claim However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. The VA has a separate rating system for these conditions. It will also help if someone else in your division remembers what happened. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Muscle spasms are involuntary contractions or extensions of muscles. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. Appellant represented by: Disabled American Veterans. Your spinal stenosis may cause or contribute to other medical conditions, as well. Most of the time, spinal stenosis occurs in the lower back and the neck. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Spinal stenosis can cause symptoms throughout the body. 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 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. The same veteran with a 100% disability rating would receive $3,106.04. QUALIFYING STATEMENTS . The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Does Spinal Stenosis Qualify for Disability Benefits? These are periods of acute pain severe enough for a doctor to proscribe bed rest. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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. 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. You may be owed compensation. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Use our VA disability calculator to estimate your combined VA rating and monthly payment. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Intervertebral Disc Syndrome (IVDS) and VA Disability While we still have our home base in Florida, Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. VA Disability Ratings for Back Pain and Spinal Arthritis. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. An unfavorable position means that the spine is frozen in a position other than the natural upright position. 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. 100% VA disability rating for spinal cancer. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. . 20% Spinal Stenosis VA Rating VA Disability Rating for Spinal Stenosis Depends on Range of Motion 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. Back braces or corsets are $200 or more. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation 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. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Entire cervical spine is frozen in an unfavorable position. 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. Do You Have Long-Term Disability Insurance Coverage? These types of lawyers have experience dealing with the laws and rules that govern the VA and may have ideas and suggestions for increasing or challenging your VA disability rating. Vertebral fractures and dislocations (diagnostic code 5235). This information is not a substitute for legal advice. Please register to post comments. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Errors are frequently made when rating conditions. 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. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Additional medical appliances may be required. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. Disclaimer: This information is not legal advice. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Have you been affected by Camp Lejeune water contamination? We assign you a disability rating based on the severity of your service-connected condition. have the greatest impact on the veterans ability to work. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). 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. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Va rating of 60% | Physical Evaluation Board Forum So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Free Disability Evaluation: Step 1. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. 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. This field is for validation purposes and should be left unchanged. 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. 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.