spinal stenosis va disability rating spinal stenosis va disability rating

I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that theres a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. This can sometimes be difficult to establish. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. 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. Lumbar Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, pain or cramping in your legs when you walk, and back pain. The rating will largely depend on whether you have lost range of motion as a result of stenosis. AVVO 10/10 Superb Rating, BBB A+ Rated. yet assertive representation for our clients. The diagnostic code for rheumatoid arthritis is 5002. Disclaimer: This information is not legal advice. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Fax: (757) 220-9451. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. These measurements are taken while bending the neck and back forward and backward, tilting the neck and back from size to side, and rotating the neck and back to each side. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer. We use cookies to ensure that we give you the best experience on our website. The same veteran with a 100% disability rating would receive $3,106.04. 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. It will also help if someone else in your division remembers what happened. As you can see, ROM measurements play a significant role in rating spinal conditions. Muscle spasms are involuntary contractions or extensions of muscles. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. The technical storage or access that is used exclusively for anonymous statistical purposes. 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. 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 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. This field is for validation purposes and should be left unchanged. 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. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. 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. The disabilities we propose to add are: spinal stenosis (a narrowing of the central spinal canal that causes pressure on the spinal cord and/or nerve roots, most commonly due to degenerative arthritis or degenerative disc disease) (diagnostic code 5238), spondylolisthesis or segmental instability (slipping of all or part of one vertebra forward . The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. 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. 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. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Errors are frequently made when rating conditions. So, spinal disabilities focus on the lack of mobility or range of motion. This can lead to a misdiagnosis of spinal stenosis. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Our firm was founded in 1986 in Orlando, Florida. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. 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. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. In most cases, the medical listing will be insufficient. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Camp Lejeune Lawsuit. This field is for validation purposes and should be left unchanged. These cookies allow the website to remember choices you make to give you better functionality and personal features. Williamsburg, VA 23185. .. Jan 17, 2012 #2. Experienced Social Security Disability Lawyer. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. 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. How to Appeal a Denied Veterans Disability Claim Does Spinal Stenosis Qualify for Disability Benefits? This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. 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. Entire thoracolumbar spine is frozen in an unfavorable position. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. There are two types of spinal stenosis treatment: surgical and non-surgical. 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. 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. 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%. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). Over time, you will attend additional annual exams at an area SCI Center. These cookies collect information about how you use our website. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. In some cases, the VA may help veterans get surgery to treat spinal stenosis. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Want to know if you qu. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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%. We consistently provide experienced, compassionate and ethical representation to our clients. Already working with us? 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. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Canes range from $25 to $100 and walkers can be more than $200. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. These secondary conditions would be rated separately from the underlying spinal condition. Under the VA regulations, you may request an extra-schedular rating for your disability. After recovery, the VA will re-evaluate their condition. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. The amount of base compensation veterans receive . As you can see, ROM measurements play a significant role in rating spinal conditions. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 10 percent disability rating: $165.92 per month. Errors are frequently made when rating conditions. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Use our VA disability calculator to estimate your. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. By continuing to use our website, you agree to these updates. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine 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. For example, the specific code for degenerative arthritis of the spine is 5242. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Function: Postural support of body; extension and lateral movements of spine. You may be eligible for VA disability benefits if you meet both of these requirements. Since that time, we have provided compassionate Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 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. Forever Grateful, [K.S.]. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." You may be owed compensation. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Thank you so much Woods & Woods. Learn more about us, Veterans Disability Claim Trouble walking, and loss of bowel or bladder control may also result. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. We advocate for the disabled. 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. 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? 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. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Appellant. Disability benefits are paid for service-connected disabilities. Berry Law gets Veterans the disability compensation they earned. have the greatest impact on the veterans ability to work. You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Muscle guarding occurs when muscles react to prevent pain or discomfort. ATTORNEY FOR THE . Let's talk about your VA disability benefits. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Va rating of 60%. THE ISSUE. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Do You Have Long-Term Disability Insurance Coverage? Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. . This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Contacting us does not create an attorney-client relationship. which may qualify you for a higher rating. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. 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. 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. 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. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. 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. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Some joints are referred to as major joints, while others are referred to as minor joints. You could be entitled to $3,627 per month! means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Registration is FREE of charge! Over time, you will attend additional annual exams at an area SCI Center. NOTE: Entitlement of a spinal condition includes spinal stenosis. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Get Directions. Call 800-544-9144 today for a free case evaluation or contact us here. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. Free Disability Evaluation: Step 1. That is, they get it wrong more than half the time. 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. This metric is used in calculating your VA disability rating. To find out more, view our Privacy Policy. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. I suffer from many health issues due to the trauma that happened to me in 1980. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 That is, they get it wrong more than half the time. They fought hard for me and got me more than I ever could dream of. The disability rating is the highest rating produced by the rating tables. This can severely affect your movement and eventually takes a toll on your ability to move. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. 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.