What Is Foraminal Stenosis And Can I Qualify For Benefits? An. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Herniated Discs. Please complete this form to send us your message. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. 20% Spinal Stenosis VA Rating One of the most common conditions secondary to spinal conditions is radiculopathy. 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. All rights reserved. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. 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. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. VA Ratings For Spinal Arthritis & Back Pain. Lumbar IVDS accounts for 62% of all disc disease. It will also help if someone else in your division remembers what happened. 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). Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . Appellant. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. 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. 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. 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. These cookies do not store any personal information. . This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law These cookies may be set through our website by our advertising partners. The disability rating may be even lower depending on the segment of the spine that is frozen. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. This field is for validation purposes and should be left unchanged. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 4.30 Convalescent ratings. we represent clients nationwide. Spinal discs act as cushions between your vertebrae. The SSA has a specific disability listing for lumbar stenosis. 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. That is, they get it wrong more than half the time. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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 . As the foramen close in, it can lead to those nerves becoming pinched. Most of the time, spinal stenosis occurs in the lower back and the neck. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. By continuing to use our website, you agree to these updates. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. A 40% VA Rating for the Lumbar Spine - YouTube These complications of stenosis are called. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. Extraschedular VA Disability Ratings How Do You Rate Severe Spinal Stenosis - VA Disability Compensation 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. The spine is considered as a minor joint. You should know that it's impossible to get disability benefits if you aren't . You may also qualify for a 100% rating if your back injury renders you unemployable. This opinion will be most favorable when it comes to establishing service connection. 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. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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. All information these cookies collect is aggregated and therefore anonymous. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). 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. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. The ratings range from 10% to 60%. VA Disability Ratings for Spinal Stenosis | CCK Law The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Have you been affected by Camp Lejeune water contamination? VA.gov Home | Veterans Affairs Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. 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. About VA disability ratings. However, Veterans can also receive disability compensation on a secondary basis. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. VA Disability For Back Pain // Appeals, Claims, Denials - Vet Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Both upper (cervical) and . Less frequently, stenosis can occur in the upper back (thoracic). Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. That is, they get it wrong more than half the time. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans 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. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. 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). Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Get Directions. 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. San Jose, CA: 2880 Zanker Road, Ste. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Already working with us? Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. It may also cause bladder and bowel issues. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. 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. A very common impairment caused by this nerve compression is sciatica. 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 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. Spinal Stenosis Disability Claim Attorney | Filing for Disability Neck Conditions: How To Get VA Disability - The Veterans Law Office So, spinal disabilities focus on the lack of mobility or range of motion. 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. ATTORNEY FOR THE . See Entitlement Considerations, Section B of this . The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Our goal is to help all fellow Veterans get the disability benefits they deserve. Hill & Ponton P.A. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full have the greatest impact on the veterans ability to work. How to Win Your Disability Claim for Degenerative Disc Disease If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Please call for an appointment before visiting: Mail Processing Center: P.O. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). When pursuing a VA disability rating for back pain, its important to know your options. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. However, these secondary service-connected disabilities are not cumulative. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Intervertebral Disc Syndrome (IVDS) and VA Disability Pocket Card . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Rheumatoid arthritis is rated under its own rating system. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans 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. 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. Please register to post comments. 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. Call 512-454-4000 for help today. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Case Info Step 2. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 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 . An unfavorable position means that the spine is frozen in a position other than the natural upright position. For example, if you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Williamsburg, VA 23185. Spinal stenosis is a form of degenerative disc disease. 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). Contact Us You should consult an attorney for advice regarding your individual situation. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. 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. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. 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. 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. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. We consistently provide experienced, compassionate and ethical representation to our clients. Spondylolisthesis and Spondylolysis - Entitlement Eligibility The technical storage or access that is used exclusively for anonymous statistical purposes. An unfavorable position means your spine is locked in a position that is something other than vertical. Spinal Stenosis & Qualifying for Social Security Disability Contacting us does not create an attorney-client relationship. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: If you were denied VA disability benefits for spinal stenosis, Chisholm Chisholm & Kilpatrick LTD may be able to help you through the appeals process. 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). Va rating of 60%.
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