VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Muscle spasms are involuntary contractions or extensions of muscles. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Both upper (cervical) and . Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Appellant. 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. Case Info Step 2. Contact Us A TDIU is an award of increased compensation. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. VA Disability Ratings for Spinal Stenosis | CCK Law Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Spinal Stenosis & Qualifying for Social Security Disability See Entitlement Considerations, Section B of this . I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. 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. When pursuing a VA disability rating for back pain, its important to know your options. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. As you can see, ROM measurements play a significant role in rating spinal conditions. Lumbar spinal stenosis . When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. I served during peace timein theArmy. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Do you have a low back (lumbar) injury related to your military service? These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Their testimony can mean the difference between an approval or a denial of your case. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Spinal stenosis is a form of degenerative disc disease. Over time, you will attend additional annual exams at an area SCI Center. 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. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be separately rated unless both are frozen in an unfavorable position. Contacting us does not create an attorney-client relationship. 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. The disability rating is the highest rating produced by the rating tables. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Spinal Stenosis Disability Claim Attorney | Filing for Disability VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . To continue receiving VA disability benefits, you should be compliant with these exams. This metric is used in calculating your VA disability rating. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. Disability Benefits for Spinal Stenosis | Nolo 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. 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) Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. 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. 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 . The spine is considered as a minor joint. 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. VA physicians will measure your range of motion in six places, using a goniometer. You can talk these problems over with your physician, as well. . Can I Get a Higher VA Rating for a Back Disability? 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. This field is for validation purposes and should be left unchanged. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. 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. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. As you can see, ROM measurements play a significant role in rating spinal conditions. We advocate for the disabled. 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%. You could be entitled to $3,627 per month! Neck muscle injuries. To find out more, view our Privacy Policy. Call 512-454-4000 for help today. This can sometimes be difficult to establish. This will effectively increase your VA disability rating. Later you develop a spinal stenosis in your neck (cervical) area. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. As the foramen close in, it can lead to those nerves becoming pinched. 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%. 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. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. A favorable position means the ROM measurement for flexion or extension is 0 degrees. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. 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. Pocket Card . Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans A very common impairment caused by this nerve compression is sciatica. VA Disability Rating for Back Pain | The Tuley Law Office It may result in a higher rating, and therefore a greater monthly disability compensation amount. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Lumbar IVDS accounts for 62% of all disc disease. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. 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 Disability For Back Impairments - The Veterans Law Office This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. 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. You may not notice at the onset, but the pain will evolve slowly over time. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. These complications of stenosis are called. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Under the VA regulations, you may request an extra-schedular rating for your disability. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). When your medical disability occurred during your service, it is almost always presumed to be service-connected. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 100% VA disability rating for spinal cancer. 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. 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. Entire thoracolumbar spine is frozen in an unfavorable position. The technical storage or access that is used exclusively for anonymous statistical purposes. Fill out the short form below to contact us. Radiculopathy | Johns Hopkins Medicine A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. 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. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. 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. You may be owed compensation. So, they compensate them for the disability on a secondary basis. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Additional medical appliances may be required. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Entire spine is frozen in an unfavorable position. 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. 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. You must have a positive imaging test (MRI, . If you continue to use this site we will assume that you are happy with it. This is known as secondary service connection. If your spinal stenosis or foraminal stenosis is service-connected, or if your condition was aggravated because of your military service, you may qualify for VA disability compensation. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). VA Disability Benefits for Sciatica and Similar Nerve Conditions Also, the VA requires that all ROM measurements be taken with a goniometer. 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. The information you obtain on this website is not, nor is it intended to be, legal advice. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. 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. Does Spinal Stenosis Qualify for Disability Benefits? Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. 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 . For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. yet assertive representation for our clients. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. These cookies allow the website to remember choices you make to give you better functionality and personal features. The technical storage or access that is used exclusively for statistical purposes. 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.
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