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. 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 Your spinal stenosis may cause or contribute to other medical conditions, as well. Contact Us 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. 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. An unfavorable position means that the spine is frozen in a position other than the natural upright position. 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. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. While we still have our home base in Florida, Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. By using our website, you agree to the use of certain cookies. 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. Back braces or corsets are $200 or more. 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. A very common impairment caused by this nerve compression is sciatica. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. The 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. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Over time, you will attend additional annual exams at an area SCI Center. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. These cookies may be set through our website by our advertising partners. This data may be used to help optimize our websites and make them easier for you to navigate. Trouble walking, and loss of bowel or bladder control may also result. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Appellant. In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. It may also cause bladder and bowel issues. 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. A TDIU is an award of increased compensation. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. These cookies allow the website to remember choices you make to give you better functionality and personal features. 20% Spinal Stenosis VA Rating The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. 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. Lack of cartilage causes pain and limitation of motion. Over time, you will attend additional annual exams at an area SCI Center. 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 . Contact Berry Law today if you need assistance appealing your VA decision. Does Spinal Stenosis Qualify for Disability Benefits? 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. Entire thoracolumbar spine is frozen in an unfavorable position. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 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. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 These cookies collect information about how you use our website. . The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. How to Appeal a Denied Veterans Disability Claim Other back impairments have a maximum schedular rating of 60 percent or lower. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. That is, your stenosis wasnt diagnosed at the time, but it likely came about as a result of an injury or illness that has been established as service-connected. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. Both upper (cervical) and . Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 For instance, which pages you go to most. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. 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. About VA disability ratings. 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 WITNESS AT HEARING ON APPEAL. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. you viewed to avoid repetition. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Camp Lejeune Lawsuit. 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. This is particularly true because nerve pain in the extremities can severely impact your earning ability. Vertebral fractures and dislocations (diagnostic code 5235). This will effectively increase your VA disability rating. . You must have a positive imaging test (MRI, . This means that the effects of spinal stenosis are not limited to the back. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 14K 1,344 9. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Call 512-454-4000 for help today. 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. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. have the greatest impact on the veterans ability to work. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. 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. Spinal discs act as cushions between your vertebrae. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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. Most of the time, spinal stenosis occurs in the lower back and the neck. In most cases, the medical listing will be insufficient. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Without these cookies, services you have asked for cannot be provided. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. 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. Background In 2017, 4.5 million veterans with medical conditions or injuries that occurred or worsened during active-duty service received disability compensation from the Department of Veterans Affairs (VA). Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. If you do not allow these cookies, you will experience less targeted advertising. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. 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 . Neck muscle injuries. 4.30 Convalescent ratings. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Use our VA disability calculator to estimate your. Rather, they are added using VA math. 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. Please complete this form to send us your message. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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. have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? I bought a home. This website adheres to the W3Cs AA Accessibility guidelines. Appellant represented by: Disabled American Veterans. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. We use cookies to ensure that we give you the best experience on our website. Unfavorable means any position that is not 0 degrees in flexion or extension. 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. Spinal stenosis can make it tricky to obtain a fair VA disability rating. We get emails all the time asking if certain health problems qualify for benefits. Were You Denied VA Disability Benefits for Spinal Stenosis? When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Please register to post comments. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. This field is for validation purposes and should be left unchanged. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. . Also, the VA requires that all ROM measurements be taken with a goniometer. 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 . Their testimony can mean the difference between an approval or a denial of your case. VA Disability Ratings for Back Pain and Spinal Arthritis. After recovery, the VA will re-evaluate their condition. Contacting us does not create an attorney-client relationship. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. The sum of all these degree measurements together is called the ROM (range of motion) measurement. These mistakes cost veterans at least $5.9 million in payments over the period studied. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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.
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