Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Extraschedular VA Disability Ratings Thank you so much Woods & Woods. In most cases, the medical listing will be insufficient. ATTORNEY FOR THE . 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. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. So, they compensate them for the disability on a secondary basis. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 14K 1,344 9. 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. Learn more about us, Veterans Disability Claim When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 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. 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 . Spinal stenosis is a form of degenerative disc disease. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. San Jose, CA: 2880 Zanker Road, Ste. . VA Disability Claims List: What Conditions Can Veterans Claim? They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Some joints are referred to as major joints, while others are referred to as minor joints. Spine Condition Ratings. 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%. Lack of cartilage causes pain and limitation of motion. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. You may also qualify for a 100% rating if your back injury renders you. 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. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. For example, the specific code for degenerative arthritis of the spine is 5242. .. Jan 17, 2012 #2. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. When pursuing a VA disability rating for back pain, its important to know your options. While we still have our home base in Florida, VA Disability Ratings for Back Pain and Spinal Arthritis. If you have multiple disability ratings, we use them to calculate . Phone: (757) 220-4529. Errors are frequently made when rating conditions. 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. 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. We have updated our Privacy Policy. Canes range from $25 to $100 and walkers can be more than $200. These cookies are essential so that you can move around the website and use its features. Our doctors know how service-connected disabilities work, so they know what to look for in your file. For instance, which pages you go to most. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. 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. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. ). This can severely affect your movement and eventually takes a toll on your ability to move. Our goal is to help all fellow Veterans get the disability benefits they deserve. 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Entire cervical spine is frozen in an unfavorable position. 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. Full eligibility requirements 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. 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. Please complete this form to send us your message. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. Lumbar IVDS accounts for 62% of all disc disease. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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 . If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. Muscle guarding occurs when muscles react to prevent pain or discomfort. After recovery, the VA will re-evaluate their condition. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. See Entitlement Considerations, Section B of this . NOTE: Entitlement of a spinal condition includes spinal stenosis. I served during peace timein theArmy. 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 As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. 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. Updated: August 3, 2020. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. If you do not allow these cookies, you will experience less targeted advertising. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. 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. Use our VA disability calculator to estimate your combined VA rating and monthly payment. In fact, occasionally, the back pain associated with spinal stenosis may be dwarfed by the nerve pain experienced in the legs, feet, arms, and hands. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Spinal stenosis is a form of degenerative disc disease. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. Many people only think about their medical issues when applying for Social Security disability. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. This data may be used to help optimize our websites and make them easier for you to navigate. 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. 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Get Directions. 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. This opinion will be most favorable when it comes to establishing service connection. 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). If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Less frequently, stenosis can occur in the upper back (thoracic). All rights reserved. These secondary conditions would be rated separately from the underlying spinal condition. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Most of the time, spinal stenosis occurs in the lower back and the neck. Its never too late to apply for VA benefits. These are periods of acute pain severe enough for a doctor to proscribe bed rest. . Do you have a low back (lumbar) injury related to your military service? In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. This means that the effects of spinal stenosis are not limited to the back. These cookies allow the website to remember choices you make to give you better functionality and personal features. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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. 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. 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. Fax: (757) 220-9451. They fought hard for me and got me more than I ever could dream of. An. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. have the greatest impact on the veterans ability to work. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. 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. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. These are periods of acute pain severe enough for a doctor to proscribe bed rest. you may be able to get a higher rating due to incapacitating episodes. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. But it can also be a result of a spinal injury. At these exams, you can expect your doctor to ask you questions about your background and medical history, evaluate your symptoms and range of motion. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Want to know if you qu. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. By using our website, you agree to the use of certain cookies. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. 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. Copy this embed code to share the infographic on your own site. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. 10 percent disability rating: $165.92 per month. 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. Unfavorable means any position that is not 0 degrees in flexion or extension. Back braces or corsets are $200 or more. A very common impairment caused by this nerve compression is sciatica. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. To provide even more value to our veterans, this page is only available with an All-Access Membership. As you can see, ROM measurements play a significant role in rating spinal conditions. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Since that time, we have provided compassionate This field is for validation purposes and should be left unchanged. These cookies collect information about how you use our website. Contact Info Is applicant currently receiving Social Security benefits? Under the VA regulations, you may request an extra-schedular rating for your disability. To find out more, view our Privacy Policy. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal 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. 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. 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? Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. We advocate for the disabled. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. I bought a home. The same veteran with a 100% disability rating would receive $3,106.04. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Disclaimer: This information is not legal advice. 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. 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 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. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Spinal conditions can cause nerve problems as well. 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. Do You Have Long-Term Disability Insurance Coverage? The diagnostic code for rheumatoid arthritis is 5002. When your medical disability occurred during your service, it is almost always presumed to be service-connected. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). All information these cookies collect is aggregated and therefore anonymous. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Have a current medical diagnosis for the disability, Have an in-service event or experience that led to the disability, Get a medical nexus connecting the in-service event to the current medical diagnosis. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . This metric is used in calculating your VA disability rating. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Causes can include herniated or bulging spinal discs. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Errors are frequently made when rating conditions. 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. 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 20% Spinal Stenosis VA Rating 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. 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. However, Veterans can also receive disability compensation on a secondary basis. To facilitate this process, the VA has created a ratings table. 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. The amount of base compensation veterans receive . 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 . Spinal stenosis can make it tricky to obtain a fair VA disability rating. That is, they get it wrong more than half the time. To continue receiving VA disability benefits, you should be compliant with these exams. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. General VA Disability Compensation Benefits Claims Forums . This information is made available for educational purposes only and to provide general information and a general understanding of the law. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Rather, they are added using VA math. 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.
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