When pursuing a VA disability rating for back pain, its important to know your options. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . General VA Disability Compensation Benefits Claims Forums . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. 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. 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. 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. The disability rating may be even lower depending on the segment of the spine that is frozen. The sum of all these degree measurements together is called the ROM (range of motion) measurement. 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. 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. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. 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. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. All information these cookies collect is aggregated and therefore anonymous. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. 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. 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. This is known as secondary service connection. If the arthritis does not cause any episodes of incapacitation, but 2 or more joint groups are involved, then a 10% rating will be assigned. A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The VA routinely mishandles spinal injury claims. 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. 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. Muscle guarding occurs when muscles react to prevent pain or discomfort. 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. An. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Do you have a low back (lumbar) injury related to your military service? A favorable position means that the spine is frozen at the baseline position or 0% flexion. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. 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. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. Our doctors know how service-connected disabilities work, so they know what to look for in your file. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. I have my transportation now. These cookies may be set through our website by our advertising partners. 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. These cookies do not store any personal information. Department of Veterans Affairs Regional Office in New York, New York. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 100% VA disability rating for spinal cancer. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. They may also be used to keep track of what [products, video, links, etc.] 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 . Lack of cartilage causes pain and limitation of motion. Experienced Social Security Disability Lawyer. Spinal stenosis can cause symptoms throughout the body. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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. 10 percent disability rating: $165.92 per month. 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%. It will also help if someone else in your division remembers what happened. Contact Us Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. 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). Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Contacting us does not create an attorney-client relationship. We are sorry that this post was not as useful for you! 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. Without these cookies, services you have asked for cannot be provided. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. 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. Over time, you will attend additional annual exams at an area SCI Center. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. 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 only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Spinal stenosis Mental health disorders, such as depression and anxiety And more. A favorable position means the ROM measurement for flexion or extension is 0 degrees. You may be eligible for VA disability benefits if you meet both of these requirements. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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 You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Appellant represented by: Disabled American Veterans. WITNESS AT HEARING ON APPEAL. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. About VA disability ratings. San Jose, CA: 2880 Zanker Road, Ste. I bought a home. For example, a car accident or other trauma such as a back injury caused by service, can dislocate or fracture vertebrae, which could lead to spinal stenosis. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. Registration is FREE of charge! By continuing to use our website, you agree to these updates. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Causes can include herniated or bulging spinal discs. Appellant. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. 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. Many people only think about their medical issues when applying for Social Security disability. This field is for validation purposes and should be left unchanged. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Spinal conditions can cause nerve problems as well. The spine is considered as a minor joint. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. THE ISSUE. 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. You may also qualify for a 100% rating if your back injury renders you. You should consult an attorney for advice regarding your individual situation. Your call is always free, and we wont charge you until after we have won your case. 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. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 If the spine is frozen in a favorable position, the disability rating may be capped at 40%. The disability rating is the highest rating produced by the rating tables. These are periods of acute pain severe enough for a doctor to proscribe bed rest. By using our website, you agree to the use of certain cookies. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: 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 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. we represent clients nationwide. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Camp Lejeune Lawsuit. This data may be used to help optimize our websites and make them easier for you to navigate. For example, the specific code for degenerative arthritis of the spine is 5242. Spine Condition Ratings. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Already working with us? If you continue to use this site we will assume that you are happy with it. It results in chronic pain, numbness, and weakness in your body. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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. This narrowing can be caused by physical injury or degeneration of the spine. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. 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 foraminal stenosis, which can cause radiculopathy. Later you develop a spinal stenosis in your neck (cervical) area. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. . As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. We use cookies to ensure that we give you the best experience on our website. Yes No These are periods of acute pain severe enough for a doctor to proscribe bed rest. Symptoms vary depending on the location of the stenosis and which nerves are affected. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Spinal stenosis can make it tricky to obtain a fair VA disability rating. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 When you visit web sites, they may store or retrieve data in your web browser. When symptoms are present, they usually start gradually and worsen over time. 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. To continue receiving VA disability benefits, you should be compliant with these exams. 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. Free Disability Evaluation: Step 1. If you do not allow these cookies, you will experience less targeted advertising. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 you viewed to avoid repetition. have the greatest impact on the veterans ability to work. 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. This website adheres to the W3Cs AA Accessibility guidelines. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. As you can see, ROM measurements play a significant role in rating spinal conditions. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Yes, you can. 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). Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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. The amount of base compensation veterans receive . As you can see, ROM measurements play a significant role in rating spinal conditions. Lumbar spinal stenosis . These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. 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. 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. 203, San Jose, CA 95134 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 back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. It is rated under another diagnostic group. 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. If you have multiple disability ratings, we use them to calculate . We get emails all the time asking if certain health problems qualify for benefits. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. You could be entitled to $3,627 per month! You can talk these problems over with your physician, as well. This is particularly true because nerve pain in the extremities can severely impact your earning ability. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Your spinal stenosis may cause or contribute to other medical conditions, as well. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Less frequently, stenosis can occur in the upper back (thoracic). These cookies dont collect information that identifies you. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. Schedule an MRI consultation today! Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis.
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