Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 3 Tiers of Sciatica VA Disability Ratings and How To Apply Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). 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. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. So, spinal disabilities focus on the lack of mobility or range of motion. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 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. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Cervical Spine Conditions - Entitlement Eligibility Guidelines All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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 foraminal stenosis, which can cause radiculopathy. A TDIU is an award of increased compensation. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs An unfavorable position means that the spine is frozen in a position other than the natural upright position. Yes, but you should talk to a VA Disability law attorney first. Errors are frequently made when rating conditions. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. So, they compensate them for the disability on a secondary basis. 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. It will also help if someone else in your division remembers what happened. One of the most common conditions secondary to spinal conditions is radiculopathy. Yes No Does applicant expect to be out of work for at least 12 months? Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The New Rating System for Back and Neck Spinal Disability - Lawyer Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. If you continue to use this site we will assume that you are happy with it. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. The diagnostic code for traumatic arthritis is 5010. Case Info Step 2. means your spine is locked in a position that is something other than vertical. Some joints are referred to as major joints, while others are referred to as minor joints. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. 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. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 This opinion will be most favorable when it comes to establishing service connection. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Cookies help us deliver the best experience on our website. Disability benefits are paid for service-connected disabilities. Contacting us does not create an attorney-client relationship. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 203, San Jose, CA 95134 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. Full eligibility requirements Also, the VA requires that all ROM measurements be taken with a goniometer. If your condition meets the listing criteria, it will automatically be considered a disability. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . A fair VA disability rating for spinal stenosis can be difficult to obtain. VA Disability Benefits for Sciatica and Similar Nerve Conditions Later you develop a spinal stenosis in your neck (cervical) area. 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. you may be able to get a higher rating due to incapacitating episodes. VA physicians will measure your range of motion in six places, using a goniometer. I want to thank Woods & Woods for not letting me give up. 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%. we represent clients nationwide. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. 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. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. These secondary conditions would be rated separately from the underlying spinal condition. Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . 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. 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. 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. You must have a positive imaging test (MRI, . If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. So, if a Veteran has service connection for PTSD and later develops sleep apnea, they can argue that the sleep apnea was caused by their PTSD. Learn more about us, Veterans Disability Claim 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. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. Were You Denied VA Disability Benefits for Spinal Stenosis? For example, the specific code for degenerative arthritis of the spine is 5242. The VA assigns rating percentages based on the frequency of incapacitating episodes. 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. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 The SSA has a specific disability listing for lumbar stenosis. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Your spinal stenosis may cause or contribute to other medical conditions, as well. To provide even more value to our veterans, this page is only available with an All-Access Membership. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. The disability rating is the highest rating produced by the rating tables. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. Our doctors know how service-connected disabilities work, so they know what to look for in your file. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. The same veteran with a 100% disability rating would receive $3,106.04. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to secondary service-connection for the new or aggravated disability. THE ISSUE. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Unfavorable means any position that is not 0 degrees in flexion or extension. When you visit web sites, they may store or retrieve data in your web browser. 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 these records do not exist, it may also be possible to support a claim with post-service medical records that show a significant worsening. Va rating of 60% | Physical Evaluation Board Forum Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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. 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. This can severely affect your movement and eventually takes a toll on your ability to move. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. 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). There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 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. Over time, you will attend additional annual exams at an area SCI Center. . Use our VA disability calculator to estimate your. Let's talk about your VA disability benefits. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. 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. Your spinal stenosis may cause or contribute to other medical conditions, as well. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. ATTORNEY FOR THE . 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. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Please register to post comments. The VA will use a series of diagnostic codes for areas of the spine. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. You may not notice at the onset, but the pain will evolve slowly over time. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Causes can include herniated or bulging spinal discs. This disruption can cause strange sensations and loss of muscle control in the affected areas. Spinal stenosis is most commonly experienced in the neck and lower part of the back. If you do not allow these cookies, you will experience less targeted advertising. Many people only think about their medical issues when applying for Social Security disability. Want to know if you qu. 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. The diagnostic code for rheumatoid arthritis is 5002. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Is Spinal Stenosis A Permanent Disability | Disability Help Disclaimer: This information is not legal advice. A 40% VA Rating for the Lumbar Spine - YouTube Entire thoracolumbar spine is frozen in an unfavorable position. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 VA Disability Ratings for Back Pain and Spinal Arthritis. . Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Please call for an appointment before visiting: Mail Processing Center: P.O. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 If there is painful motion, a 10% rating will be assigned. Since that time, we have provided compassionate Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Do You Qualify for Long Term Disability Benefits? But it can also be a result of a spinal injury. . Spinal Stenosis Disability Claim Attorney | Filing for Disability