Later you develop a spinal stenosis in your neck (cervical) area. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. Their testimony can mean the difference between an approval or a denial of your case. 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). Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. This can severely affect your movement and eventually takes a toll on your ability to move. By using our website, you agree to the use of certain cookies. Your spinal stenosis may cause or contribute to other medical conditions, as well. we represent clients nationwide. 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). Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. Since that time, we have provided compassionate 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. 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. Back braces or corsets are $200 or more. 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 . 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. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. These cookies may be set through our website by our advertising partners. 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. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Both upper (cervical) and . The VA has a separate rating system for these conditions. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. About VA disability ratings. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. When you visit web sites, they may store or retrieve data in your web browser. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Background In 2017, 4.5 million veterans with medical conditions or injuries that occurred or worsened during active-duty service received disability compensation from the Department of Veterans Affairs (VA). Want to know if you qu. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. When symptoms are present, they usually start gradually and worsen over time. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Spinal discs act as cushions between your vertebrae. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. Disability benefits are paid for service-connected disabilities. 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. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 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. You should know that it's impossible to get disability benefits if you aren't . 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. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Use our VA disability calculator to estimate your combined VA rating and monthly payment. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Radiculopathy | Johns Hopkins Medicine This field is for validation purposes and should be left unchanged. 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. . 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. THE ISSUE. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. These mistakes cost veterans at least $5.9 million in payments over the period studied. Extraschedular VA Disability Ratings This narrowing can be caused by physical injury or degeneration of the spine. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. 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%. Intervertebral Disc Syndrome (IVDS) and VA Disability 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. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. To facilitate this process, the VA has created a ratings table. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Your call is always free, and we wont charge you until after we have won your case. 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. 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. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. The same veteran with a 100% disability rating would receive $3,106.04. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. You may also qualify for a 100% rating if your back injury renders you. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. Hill & Ponton P.A. Spinal stenosis Mental health disorders, such as depression and anxiety And more. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. 5238 Spinal stenosis - Veterans Benefits Network Herniated Discs. Spinal Stenosis & Qualifying for Social Security Disability In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. Spinal stenosis is a disorder that affects your back. How the VA Rates Spinal Stenosis in Florida? 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. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). 14K 1,344 9. have the greatest impact on the veterans ability to work. Canes range from $25 to $100 and walkers can be more than $200. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. You can talk these problems over with your physician, as well. Ratings will fall between 0% and 100% disability. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. That is, they get it wrong more than half the time. REPRESENTATION. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 3 Tiers of Sciatica VA Disability Ratings and How To Apply The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. 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). These cookies collect information about how you use our website. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Neck muscle injuries. SPINAL CORD STIMULATION - Veterans Benefits Network They fought hard for me and got me more than I ever could dream of. Spinal Stenosis Disability Claim Attorney | Filing for Disability The Truth About Spinal Stenosis: Causes Symptoms And Treatments Yes No Thank you so much Woods & Woods. It will also help if someone else in your division remembers what happened. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 These are periods of acute pain severe enough for a doctor to proscribe bed rest. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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. Some joints are referred to as major joints, while others are referred to as minor joints. NOTE: Entitlement of a spinal condition includes spinal stenosis. Find Out How To Qualify for Disability with Degenerative Disc Disease Experienced Social Security Disability Lawyer. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. VA.gov Home | Veterans Affairs The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. In order to be granted a VA disability rating for spinal stenosis at 30%, you must meet either of these conditions: Unfavorable ankylosis of the entire cervical spine, or Favorable ankylosis of the entire cervical spine, where your spine is fixed in place but at a neutral position at 0 degrees. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. 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. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Does Spinal Stenosis Qualify for Disability Benefits? Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 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. 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. 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 technical storage or access that is used exclusively for anonymous statistical purposes. 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). How to Appeal a Denied Veterans Disability Claim These cookies allow the website to remember choices you make to give you better functionality and personal features. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. Under the VA regulations, you may request an extra-schedular rating for your disability. Do you have a low back (lumbar) injury related to your military 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. Confidential or time-sensitive information should not be sent through this form. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. 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. 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. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law which may qualify you for a higher rating. These secondary conditions would be rated separately from the underlying spinal condition. Neck Conditions: How To Get VA Disability - The Veterans Law Office . Spinal stenosis - Symptoms and causes - Mayo Clinic I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. If these conservative options dont get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. VA Disability Rating for Neck Pain | The Tuley Law Office .. Jan 17, 2012 #2. 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. We get emails all the time asking if certain health problems qualify for benefits. You could be entitled to $3,627 per month! 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. Do You Have Long-Term Disability Insurance Coverage? Contact Berry Law today if you need assistance appealing your VA decision. There are two types of spinal stenosis treatment: surgical and non-surgical. However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. All information these cookies collect is aggregated and therefore anonymous. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. This will effectively increase your VA disability rating. As you can see, ROM measurements play a significant role in rating spinal conditions. This field is for validation purposes and should be left unchanged. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Federal Register :: Schedule for Rating Disabilities; The Spine Secondary service connection occurs when a service-connected disability causes another disability. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Berry Law gets Veterans the disability compensation they earned. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. These cookies dont collect information that identifies you. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Schedule an MRI consultation today! The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. This means that the effects of spinal stenosis are not limited to the back. 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. We advocate for the disabled. 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. Entire cervical spine is frozen in an unfavorable position. 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%. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. 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. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Fill out the short form below to contact us. 20 percent disability rating: $327.99 per month. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. 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. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Pocket Card . How to Win Your Disability Claim for Degenerative Disc Disease If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. But it can also be a result of a spinal injury. To continue receiving VA disability benefits, you should be compliant with these exams. 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Yes, but you should talk to a VA Disability law attorney first. 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. You may be eligible for VA disability benefits if you meet both of these requirements. Disability Benefits for Spinal Stenosis | Nolo Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. 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. Errors are frequently made when rating conditions. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. 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. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022.