4.71a Schedule of ratings - musculoskeletal system. These cookies are necessary for the website to function and cannot be switched off in our systems. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Rheumatoid arthritis is rated under its own rating system. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. 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. 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. 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. 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. If you do not allow these cookies, you will experience less targeted advertising. The information you obtain on this website is not, nor is it intended to be, legal advice. 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 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. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Forever Grateful, [K.S.]. Also, the VA requires that all ROM measurements be taken with a goniometer. Some joints are referred to as major joints, while others are referred to as minor joints. Yes No Does applicant expect to be out of work for at least 12 months? Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Unfavorable means any position that is not 0 degrees in flexion or extension. This will effectively increase your VA disability rating. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. A favorable position means that the spine is frozen at the baseline position or 0% flexion. 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. which may qualify you for a higher rating. Do You Qualify for Long Term Disability Benefits? Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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. Fill out the short form below to contact us. The same veteran with a 100% disability rating would receive $3,106.04. Neck muscle injuries. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Spinal stenosis can cause symptoms throughout the body. 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. . Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Many people only think about their medical issues when applying for Social Security disability. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. A fair VA disability rating for spinal stenosis can be difficult to obtain. Typically, this would be established by medical records from your time in the military showing that your condition worsened. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Trouble walking, and loss of bowel or bladder control may also result. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Later you develop a spinal stenosis in your neck (cervical) area. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. For example, PTSD can lead to sleep apnea. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Pocket Card . In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. 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. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. The rating will largely depend on whether you have lost range of motion as a result of stenosis. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. The diagnostic code for traumatic arthritis is 5010. The spine is considered as a minor joint. NOTE: Entitlement of a spinal condition includes spinal stenosis. ATTORNEY FOR THE . Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. We use cookies to ensure that we give you the best experience on our website. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Secondary service connection occurs when a service-connected disability causes another disability. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. 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. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. A TDIU is an award of increased compensation. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Va rating of 60%. How to Appeal a Denied Veterans Disability Claim 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. This is known as secondary service connection. 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. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Schedule an MRI consultation today! I was hoping someone could point me in the right direction with spinal issues and VA ratings. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. The VA has a separate rating system for these conditions. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. This website adheres to the W3Cs AA Accessibility guidelines. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. 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. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Free Disability Evaluation: Step 1. We advocate for the disabled. You can talk these problems over with your physician, as well. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. 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. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. As the foramen close in, it can lead to those nerves becoming pinched. In most cases, the medical listing will be insufficient. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. 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. If you continue to use this site we will assume that you are happy with it. These cookies dont collect information that identifies you. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. These cookies do not store any personal information. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. 14K 1,344 9. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. All information these cookies collect is aggregated and therefore anonymous. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. The amount of base compensation veterans receive . 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 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 . The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. After recovery, the VA will re-evaluate their condition. Both upper (cervical) and . As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. That is, they get it wrong more than half the time. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. 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 . 203, San Jose, CA 95134 Call 800-544-9144 today for a free case evaluation or contact us here. REPRESENTATION. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Spinal Stenosis by itself means literally nothing, other than that you have a narrowing of the spinal canal at some point (which about 70% of adults have normally). 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 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. 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. we represent clients nationwide. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. These complications of stenosis are called. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. The ratings range from 10% to 60%. Feel free to call us at (866) 232-5777 anytime. Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. It may also cause bladder and bowel issues. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. The technical storage or access that is used exclusively for statistical purposes. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. A very common impairment caused by this nerve compression is sciatica. An. I want to thank Woods & Woods for not letting me give up. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . I have my transportation now. 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. We use cookies to optimize our website and our service. Call 512-454-4000 for help today. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, contact us today. 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. Use our VA disability calculator to estimate your combined VA rating and monthly payment. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. We invite you to contact us and welcome your calls, letters and electronic mail. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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. They fought hard for me and got me more than I ever could dream of. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Under the VA regulations, you may request an extra-schedular rating for your disability. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). These cookies are essential so that you can move around the website and use its features. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. 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. You could be entitled to $3,627 per month! In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. The spine is considered as a minor joint. The VA will use a series of diagnostic codes for areas of the spine. Your spinal stenosis may cause or contribute to other medical conditions, as well. A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Our firm was founded in 1986 in Orlando, Florida. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. 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. While we still have our home base in Florida, For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. 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. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. When you visit web sites, they may store or retrieve data in your web browser. Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. For instance, which pages you go to most. This can lead to a misdiagnosis of spinal stenosis. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%.