spinal stenosis va disability rating

During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. I served during peace timein theArmy. 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. You should know that it's impossible to get disability benefits if you aren't . Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. 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. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. You could be entitled to $3,627 per month! Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. 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. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Do You Have Long-Term Disability Insurance Coverage? QUALIFYING STATEMENTS . Vertebral fractures and dislocations (diagnostic code 5235). 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 the nerves are compressed, electrical signals passing along those nerves can become disrupted. . Spinal stenosis is most commonly experienced in the neck and lower part of the back. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. VA Disability Ratings for Back Pain and Spinal Arthritis. 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. 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. 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. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. The sum of all these degree measurements together is called the ROM (range of motion) measurement. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Were You Denied VA Disability Benefits for Spinal Stenosis? 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. However, these secondary service-connected disabilities are not cumulative. You may be owed compensation. ). 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. 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. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. 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. 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. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Williamsburg, VA 23185. Your spinal stenosis may cause or contribute to other medical conditions, as well. 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. Lumbar IVDS accounts for 62% of all disc disease. The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Call 800-544-9144 today for a free case evaluation or contact us here. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Function: Postural support of body; extension and lateral movements of spine. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. The VA routinely mishandles spinal injury claims. 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. If your condition meets the listing criteria, it will automatically be considered a disability. 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%. To facilitate this process, the VA has created a ratings table. 20 percent disability rating: $327.99 per month. 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 VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Both upper (cervical) and . 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. Over time, you will attend additional annual exams at an area SCI Center. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Experienced Social Security Disability Lawyer. 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. .. Jan 17, 2012 #2. 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. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. To find out more, view our Privacy Policy. Yes, but you should talk to a VA Disability law attorney first. The SSA has a specific disability listing for lumbar stenosis. The disability rating is the highest rating produced by the rating tables. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. You may not notice at the onset, but the pain will evolve slowly over time. These cookies do not store any personal information. A TDIU is an award of increased compensation. 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. Under the VA regulations, you may request an extra-schedular rating for your disability. Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . All rights reserved. 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. Fill out the short form below to contact us. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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). Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Spinal stenosis is a disorder that affects your back. 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. Rheumatoid arthritis is rated under its own rating system. Want to know if you qu. It may result in a higher rating, and therefore a greater monthly disability compensation amount. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . 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. 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. Do you have a low back (lumbar) injury related to your military service? An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. For example, the specific code for degenerative arthritis of the spine is 5242. To provide even more value to our veterans, this page is only available with an All-Access Membership. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. However, generally speaking, symptoms may include the following: Most often, spinal stenosis is caused by overuse or general wear-and-tear changes in the spine related to osteoarthritis. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Pocket Card . However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. We consistently provide experienced, compassionate and ethical representation to our clients. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. By using our website, you agree to the use of certain cookies. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. 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. I suffer from many health issues due to the trauma that happened to me in 1980. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. If you do not allow these cookies, you will experience less targeted advertising. 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 stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. 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. When you visit web sites, they may store or retrieve data in your web browser. These secondary conditions would be rated separately from the underlying spinal condition. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. This will effectively increase your VA disability rating. 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. Does Spinal Stenosis Qualify for Disability Benefits? Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. This means that the effects of spinal stenosis are not limited to the back. See Entitlement Considerations, Section B of this . 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. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Berry Law gets Veterans the disability compensation they earned. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Also, the VA requires that all ROM measurements be taken with a goniometer. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. This metric is used in calculating your VA disability rating. 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. For instance, which pages you go to most. Use our VA disability calculator to estimate your. 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. 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. We get emails all the time asking if certain health problems qualify for benefits. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). These complications of stenosis are called. You should consult an attorney for advice regarding your individual situation. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. THE ISSUE. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. 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? For example, PTSD can lead to sleep apnea. Errors are frequently made when rating conditions. So, if a Veteran has service connection for PTSD and later develops sleep apnea, they can argue that the sleep apnea was caused by their PTSD. 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. Va rating of 60%. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism.

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