I suffer from many health issues due to the trauma that happened to me in 1980. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Spinal discs act as cushions between your vertebrae. The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. How to Appeal a Denied Veterans Disability Claim 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. Have you been affected by Camp Lejeune water contamination? In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Disability benefits are paid for service-connected disabilities. 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. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Under the VA regulations, you may request an extra-schedular rating for your disability. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. This will effectively increase your VA disability rating. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. The diagnostic code for rheumatoid arthritis is 5002. 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Please call for an appointment before visiting: Mail Processing Center: P.O. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. To provide even more value to our veterans, this page is only available with an All-Access Membership. ). If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Please complete this form to send us your message. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. Without these cookies, services you have asked for cannot be provided. The spine is considered as a minor joint. VA physicians will measure your range of motion in six places, using a goniometer. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 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 . It may result in a higher rating, and therefore a greater monthly disability compensation amount. We invite you to contact us and welcome your calls, letters and electronic mail. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Additional medical appliances may be required. Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. An unfavorable position means your spine is locked in a position that is something other than vertical. 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. The disability rating may be even lower depending on the segment of the spine that is frozen. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. This can lead to a misdiagnosis of spinal stenosis. 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 . Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 . Typically, this would be established by medical records from your time in the military showing that your condition worsened. 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. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. 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. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Rather, they are added using VA math. 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. 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. Williamsburg, VA 23185. It is rated under another diagnostic group. Unfavorable means any position that is not 0 degrees in flexion or extension. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. VA Disability Ratings for Back Pain and Spinal Arthritis. Your spinal stenosis may cause or contribute to other medical conditions, as well. VA Ratings For Spinal Arthritis & Back Pain. Secondary service connection occurs when a service-connected disability causes another disability. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Lack of cartilage causes pain and limitation of motion. Va rating of 60%. When pursuing a VA disability rating for back pain, its important to know your options. 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 These cookies collect information about how you use our website. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. This information is not a substitute for legal advice. Call 800-544-9144 today for a free case evaluation or contact us here. 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. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Rheumatoid arthritis is rated under its own rating system. Ratings will fall between 0% and 100% disability. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. The VA routinely mishandles spinal injury claims. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. If you have multiple disability ratings, we use them to calculate . Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. You should consult an attorney for advice regarding your individual situation. Disclaimer: This information is not legal advice. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. They may also be used to keep track of what [products, video, links, etc.] 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. 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. We have updated our Privacy Policy. Both upper (cervical) and . Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. QUALIFYING STATEMENTS . I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Back braces or corsets are $200 or more. Their testimony can mean the difference between an approval or a denial of your case. 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. 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. Contact Us Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. Many people only think about their medical issues when applying for Social Security disability. 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. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. 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. I want to thank Woods & Woods for not letting me give up. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. 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. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Use our VA disability calculator to estimate your combined VA rating and monthly payment. This data may be used to help optimize our websites and make them easier for you to navigate. 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. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Your spinal stenosis may cause or contribute to other medical conditions, as well. AVVO 10/10 Superb Rating, BBB A+ Rated. have the greatest impact on the veterans ability to work. 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. So, spinal disabilities focus on the lack of mobility or range of motion. 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. The SSA has a specific disability listing for lumbar stenosis. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. THE ISSUE. 30 percent disability rating: $508.05 per month. Call 512-454-4000 for help today. Most of the time, spinal stenosis occurs in the lower back and the neck. You should know that it's impossible to get disability benefits if you aren't . The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Herniated Discs. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Do you have a low back (lumbar) injury related to your military service? Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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. 10 percent disability rating: $165.92 per month. Errors are frequently made when rating conditions. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Yes No You may be owed compensation. we represent clients nationwide. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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. Our firm was founded in 1986 in Orlando, Florida. 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. For example, the specific code for degenerative arthritis of the spine is 5242. 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). You could be entitled to $3,627 per month! Causes can include herniated or bulging spinal discs. 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. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The attorneys at Berry Law Firm are dedicated to helping injured Veterans. We use cookies to optimize our website and our service. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Spinal stenosis is a disorder that affects your back. 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. Its never too late to apply for VA benefits. These secondary conditions would be rated separately from the underlying spinal condition. I have my transportation now. 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. Whether it manifests itself in your back or through nerve pain throughout your extremities, a VA attorney can help you to obtain the medical examination and collect the records to support your VA disability claim. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. In most cases, the medical listing will be insufficient. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Want to know if you qu. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. 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. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Spinal stenosis is a form of degenerative disc disease. Did you receive a VA disability compensation rating of 40%? When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). This means that the effects of spinal stenosis are not limited to the back. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Contacting us does not create an attorney-client relationship. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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%. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. When symptoms are present, they usually start gradually and worsen over time. 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%. Do You Qualify for Long Term Disability Benefits? As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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. To find out more, view our Privacy Policy. Berry Law gets Veterans the disability compensation they earned. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. When your medical disability occurred during your service, it is almost always presumed to be service-connected. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. A very common impairment caused by this nerve compression is sciatica. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. 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. 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. Please register to post comments. Later you develop a spinal stenosis in your neck (cervical) area. I was injured in Iraq on Nov 19 ,2007, I filed my claims when I got home from Iraq, the V/A called me yesterday and told me that I got a 60% rating for. The technical storage or access that is used exclusively for anonymous statistical purposes. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. While we still have our home base in Florida, To facilitate this process, the VA has created a ratings table. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. This communication with the firm or any member of the firm does not establish an attorney-client relationship. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis.

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