If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Contacting us does not create an attorney-client relationship. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. 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 However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. This is particularly true because nerve pain in the extremities can severely impact your earning ability. we represent clients nationwide. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. We are sorry that this post was not as useful for you! which may qualify you for a higher rating. 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. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. 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%. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. The VA will use a series of diagnostic codes for areas of the spine. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. If these conservative options dont get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. The rating will largely depend on whether you have lost range of motion as a result of stenosis. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Fax: (757) 220-9451. 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. Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. It is rated under another diagnostic group. 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. VA Disability Rating for Neck Pain | The Tuley Law Office To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Yes No Does applicant expect to be out of work for at least 12 months? Use our VA disability calculator to estimate your combined VA rating and monthly payment. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. 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. . 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. 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. A 40% VA Rating for the Lumbar Spine - YouTube When the nerves are compressed, electrical signals passing along those nerves can become disrupted. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute 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. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 4.71a Schedule of ratings - musculoskeletal system. You can talk these problems over with your physician, as well. 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. In order to be granted a VA disability rating for spinal stenosis at 30%, you must meet either of these conditions: Unfavorable ankylosis of the entire cervical spine, or Favorable ankylosis of the entire cervical spine, where your spine is fixed in place but at a neutral position at 0 degrees. We have updated our Privacy Policy. Cookies help us deliver the best experience on our website. VA Disability Ratings for Degenerative Disc Disease (DDD) The information you obtain on this website is not, nor is it intended to be, legal advice. Over time, you will attend additional annual exams at an area SCI Center. 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%. How the VA Rates Spinal Stenosis in Florida? 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, contact us today. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. When symptoms are present, they usually start gradually and worsen over time. San Jose, CA: 2880 Zanker Road, Ste. Does Spinal Stenosis Qualify for Disability Benefits? Our doctors know how service-connected disabilities work, so they know what to look for in your file. VA.gov Home | Veterans Affairs For example, PTSD can lead to sleep apnea. . Less frequently, stenosis can occur in the upper back (thoracic). Thank you so much Woods & Woods. Entire spine is frozen in an unfavorable position. Contact Info Is applicant currently receiving Social Security benefits? Errors are frequently made when rating conditions. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Spine Condition Ratings Military Disability Made Easy VA Disability Rating for Degenerative Disc Disease Explained (The Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. .. Jan 17, 2012 #2. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. NOTE: Entitlement of a spinal condition includes spinal stenosis. 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. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. These cookies may be set through our website by our advertising partners. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. I served during peace timein theArmy. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Phone: (757) 220-4529. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. It will also help if someone else in your division remembers what happened. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. 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. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm You may also qualify for a 100% rating if your back injury renders you unemployable. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). You could be entitled to $3,627 per month! 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 that is used exclusively for anonymous statistical purposes. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 You may be eligible for VA disability benefits if you meet both of these requirements. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Williamsburg, VA 23185. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. How to Win Your Disability Claim for Degenerative Disc Disease For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. 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. 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. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 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. Want to know if you qu. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. If your condition meets the listing criteria, it will automatically be considered a disability. Do you have a low back (lumbar) injury related to your military service? 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. So, they compensate them for the disability on a secondary basis. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. 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. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. VA Disability Rating for Back Pain | The Tuley Law Office you viewed to avoid repetition. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. For instance, which pages you go to most. We assign you a disability rating based on the severity of your service-connected condition. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. SPINAL CORD STIMULATION - Veterans Benefits Network Symptoms vary depending on the location of the stenosis and which nerves are affected. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Herniated Discs. When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet.
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