All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . San Jose, CA: 2880 Zanker Road, Ste. One of the most common conditions secondary to spinal conditions is radiculopathy. I bought a home. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Errors are frequently made when rating conditions. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Schedule an MRI consultation today! Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. 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. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. It may result in a higher rating, and therefore a greater monthly disability compensation amount. This narrowing can be caused by physical injury or degeneration of the spine. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. If you continue to use this site we will assume that you are happy with it. Some joints are referred to as major joints, while others are referred to as minor joints. 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. 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. Use our VA disability calculator to estimate your combined VA rating and monthly payment. This field is for validation purposes and should be left unchanged. 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. means your spine is locked in a position that is something other than vertical. You may be owed compensation. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. Lumbar IVDS accounts for 62% of all disc disease. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. 14K 1,344 9. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. The diagnostic code for traumatic arthritis is 5010. VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. We get emails all the time asking if certain health problems qualify for benefits. You could be entitled to $3,627 per month! These cookies are necessary for the website to function and cannot be switched off in our systems. Symptoms vary depending on the location of the stenosis and which nerves are affected. 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. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. . All rights reserved. Yes, but you should talk to a VA Disability law attorney first. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Spinal stenosis is a disorder that affects your back. Please call for an appointment before visiting: Mail Processing Center: P.O. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Phone: (757) 220-4529. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. People with spinal conditions also often change how they walk to, 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, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. In most cases, the medical listing will be insufficient. Your spinal stenosis may cause or contribute to other medical conditions, as well. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. These cookies do not store any personal information. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Department of Veterans Affairs Regional Office in New York, New York. Neck muscle injuries. Your spinal stenosis may cause or contribute to other medical conditions, as well. Our goal is to help all fellow Veterans get the disability benefits they deserve. 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. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Entire cervical spine is frozen in an unfavorable position. When symptoms are present, they usually start gradually and worsen over time. If you are concerned that your VA disability percentage for spinal stenosis fails to account for the extent of your disability, you may wish to speak to a VA benefits lawyer. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. Some joints are referred to as major joints, while others are referred to as minor joints. 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. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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. We are sorry that this post was not as useful for you! VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. 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 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. 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. IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. 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 . for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Get Directions. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. 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. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. 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. Fill out the short form below to contact us. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Your call is always free, and we wont charge you until after we have won your case. 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. The VA assigns rating percentages based on the frequency of incapacitating episodes. This guide will break down how the VA rates back pain and spinal disabilities, so you can take the first steps toward making a claim. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Contact Us For example, PTSD can lead to sleep apnea. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 20% Spinal Stenosis VA Rating Berry Law gets Veterans the disability compensation they earned. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Under the VA regulations, you may request an extra-schedular rating for your disability. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. 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 ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: Trouble walking, and loss of bowel or bladder control may also result. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. The diagnostic code for rheumatoid arthritis is 5002. Less frequently, stenosis can occur in the upper back (thoracic). Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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%. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Secondary service connection occurs when a service-connected disability causes another disability. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Back braces or corsets are $200 or more. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. 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. The VA routinely mishandles spinal injury claims. How to Appeal a Denied Veterans Disability Claim Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. For example, the specific code for degenerative arthritis of the spine is 5242. 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). The amount of base compensation veterans receive . It results in chronic pain, numbness, and weakness in your body. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . .. Jan 17, 2012 #2. Fax: (757) 220-9451. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. It will also help if someone else in your division remembers what happened. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Pocket Card . 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 . It is rated under another diagnostic group. 4.71a Schedule of ratings - musculoskeletal system. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Call 512-454-4000 for help today. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Lumbar spinal stenosis . Were You Denied VA Disability Benefits for Spinal Stenosis? you may be able to get a higher rating due to incapacitating episodes. ). In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. But it can also be a result of a spinal injury. 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 . Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 We invite you to contact us and welcome your calls, letters and electronic mail. Lumbar spinal stenosis results in low back pain, as well as weakness, numbness, pain and abnormal sensations in the buttocks, thighs, legs, calves, and feet. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. 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. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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. The spine is considered as a minor joint. 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. The SSA has a specific disability listing for lumbar stenosis. In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. All information these cookies collect is aggregated and therefore anonymous. The technical storage or access that is used exclusively for anonymous statistical purposes. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. The disability rating may be even lower depending on the segment of the spine that is frozen. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. Without these cookies, services you have asked for cannot be provided. We use cookies to ensure that we give you the best experience on our website. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 A favorable position means that the spine is frozen at the baseline position or 0% flexion. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Free Disability Evaluation: Step 1. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. When you visit web sites, they may store or retrieve data in your web browser. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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. Thank you so much Woods & Woods. Spinal stenosis is a form of degenerative disc disease. 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. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication.