spinal stenosis va disability rating

For example, the specific code for degenerative arthritis of the spine is 5242. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 When pursuing a VA disability rating for back pain, its important to know your options. This opinion will be most favorable when it comes to establishing service connection. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Less frequently, stenosis can occur in the upper back (thoracic). Want to know if you qu. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. Spinal conditions can cause nerve problems as well. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Veterans & Spinal Stenosis Disability Rating 888.878.9350 When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. All rights reserved. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Spinal stenosis is most commonly experienced in the neck and lower part of the back. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. If you continue to use this site we will assume that you are happy with it. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. 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. Neck muscle injuries. This metric is used in calculating your VA disability rating. The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) When symptoms are present, they usually start gradually and worsen over time. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. What Is Foraminal Stenosis And Can I Qualify For Benefits? How to Appeal a Denied Veterans Disability Claim These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. 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. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. 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. 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. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. You could be entitled to $3,627 per month! As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Were You Denied VA Disability Benefits for Spinal Stenosis? However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. 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. Cervical Spine Conditions - Entitlement Eligibility Guidelines document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law Also, the VA requires that all ROM measurements be taken with a goniometer. VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law Please register to post comments. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Entitlement to a rating in excess of 20 percent for chronic low back Did you receive a VA disability compensation rating of 40%? The VA will use a series of diagnostic codes for areas of the spine. You should know that it's impossible to get disability benefits if you aren't . This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. In most cases, the medical listing will be insufficient. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Va rating of 60%. Berry Law gets Veterans the disability compensation they earned. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. 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. Disability benefits are paid for service-connected disabilities. 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. VA Disability For Back Impairments - The Veterans Law Office Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. 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. 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? If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. After recovery, the VA will re-evaluate their condition. 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. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Lumbar IVDS accounts for 62% of all disc disease. 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. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. By using our website, you agree to the use of certain cookies. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. 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. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Do You Qualify for Long Term Disability Benefits? 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. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 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). I bought a home. 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. 3 Tiers of Sciatica VA Disability Ratings and How To Apply Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. 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. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full Under the VA regulations, you may request an extra-schedular rating for your disability. 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. 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. This can sometimes be difficult to establish. Federal Register :: Schedule for Rating Disabilities; The Spine Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 These cookies collect information about how you use our website. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Disability Benefits For Spinal Stenosis - Gillette Law Group By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Yes, you can. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Fax: (757) 220-9451. 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. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw So, spinal disabilities focus on the lack of mobility or range of motion. 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). Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. 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. However, these secondary service-connected disabilities are not cumulative. 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%. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. The diagnostic code for traumatic arthritis is 5010. Yes, but you should talk to a VA Disability law attorney first. We assign you a disability rating based on the severity of your service-connected condition. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Additional medical appliances may be required. 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. 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. You must have a positive imaging test (MRI, . The New Rating System for Back and Neck Spinal Disability - Lawyer Appellant. The ratings range from 10% to 60%. 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. 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 .