Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 THE ISSUE. We have updated our Privacy Policy. 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. 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. So, they compensate them for the disability on a secondary basis. When pursuing a VA disability rating for back pain, its important to know your options. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. For example, if rheumatoid arthritis of the spine results in pain with motion, the condition will be rated according to the criteria set forth in 5003 as described above. Thank you so much Woods & Woods. 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 . These cookies are essential so that you can move around the website and use its features. The VA will use a series of diagnostic codes for areas of the spine. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. 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. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. If there is painful motion, a 10% rating will be assigned. 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. Va rating of 60%. Spinal stenosis is a disorder that affects your back. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. WITNESS AT HEARING ON APPEAL. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. Yes No For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Muscle spasms are involuntary contractions or extensions of muscles. which may qualify you for a higher rating. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Call 800-544-9144 today for a free case evaluation or contact us here. 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. QUALIFYING STATEMENTS . You may also qualify for a 100% rating if your back injury renders you unemployable. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. . They fought hard for me and got me more than I ever could dream of. This can severely affect your movement and eventually takes a toll on your ability to move. 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. If your condition meets the listing criteria, it will automatically be considered a disability. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. See Entitlement Considerations, Section B of this . Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Does Spinal Stenosis Qualify for Disability Benefits? Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. Since that time, we have provided compassionate If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. When your medical disability occurred during your service, it is almost always presumed to be service-connected. 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. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. This metric is used in calculating your VA disability rating. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Contact Us For instance, which pages you go to most. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. San Jose, CA: 2880 Zanker Road, Ste. An. 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. 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. Case Info Step 2. Some joints are referred to as major joints, while others are referred to as minor joints. 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. We use cookies to ensure that we give you the best experience on our website. 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%. But it can also be a result of a spinal injury. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. 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. 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. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 203, San Jose, CA 95134 We are sorry that this post was not as useful for you! If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. Feel free to call us at (866) 232-5777 anytime. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Later you develop a spinal stenosis in your neck (cervical) area. You must have a positive imaging test (MRI, . Entire thoracolumbar spine is frozen in an unfavorable position. You should consult an attorney for advice regarding your individual situation. Some joints are referred to as major joints, while others are referred to as minor joints. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. As the foramen close in, it can lead to those nerves becoming pinched. Yes, you can. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. 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). This information is made available for educational purposes only and to provide general information and a general understanding of the law. It may result in a higher rating, and therefore a greater monthly disability compensation amount. Over time, you will attend additional annual exams at an area SCI Center. 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. 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. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Our firm was founded in 1986 in Orlando, Florida. Also, the VA requires that all ROM measurements be taken with a goniometer. Registration is FREE of charge! 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. 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. 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. Less frequently, stenosis can occur in the upper back (thoracic). To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. 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. For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. Neck muscle injuries. 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. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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. All rights reserved. Contacting us does not create an attorney-client relationship. 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 Disability Ratings for Back Pain and Spinal Arthritis. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Let's talk about your VA disability benefits. 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. You may be eligible for VA disability benefits if you meet both of these requirements. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? 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. 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%. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 For example, the specific code for degenerative arthritis of the spine is 5242. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Want to know if you qu. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Causes can include herniated or bulging spinal discs. Your spinal stenosis may cause or contribute to other medical conditions, as well. 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 file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Full eligibility requirements You may also be able to show your spinal stenosis is service-related via a secondary service connection. After recovery, the VA will re-evaluate their condition. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. 20 percent disability rating: $327.99 per month. This opinion will be most favorable when it comes to establishing 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. Evidence of diagnosis of your spinal stenosis while you were in the military; Information about an occurrence or an incident that occurred while you were serving led to the injury or aggravation of this injury; Medical nexus a medical description that connects the diagnosed stenosis with the particular occurrence that is said to lead to it. 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. Were You Denied VA Disability Benefits for Spinal Stenosis? Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. By continuing to use our website, you agree to these updates. 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 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. In most cases, the medical listing will be insufficient. This website adheres to the W3Cs AA Accessibility guidelines. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. we represent clients nationwide. Ratings will fall between 0% and 100% disability. This data may be used to help optimize our websites and make them easier for you to navigate. Use our VA disability calculator to estimate your combined VA rating and monthly payment. The sum of all these degree measurements together is called the ROM (range of motion) measurement. 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 ratings range from 10% to 60%. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. If you do not allow these cookies, you will experience less targeted advertising. We use cookies to optimize our website and our service. You can talk these problems over with your physician, as well. You may be owed compensation. 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%. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Lumbar spinal stenosis . Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. We advocate for the disabled. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Do You Have Long-Term Disability Insurance Coverage? When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. What is the diagnostic code for traumatic arthritis? document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. We assign you a disability rating based on the severity of your service-connected condition. A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . Have you been affected by Camp Lejeune water contamination? For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. 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. 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. Did you receive a VA disability compensation rating of 40%? They may also be used to keep track of what [products, video, links, etc.] It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. 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 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. 10 percent disability rating: $165.92 per month. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. 14K 1,344 9. 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. By using our website, you agree to the use of certain cookies. 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. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. 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. These are periods of acute pain severe enough for a doctor to proscribe bed rest. When symptoms are present, they usually start gradually and worsen over time. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . VA Disability Claims List: What Conditions Can Veterans Claim? Department of Veterans Affairs Regional Office in New York, New York. Rheumatoid arthritis is rated under its own rating system. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. The SSA has a specific disability listing for lumbar stenosis. 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. Hill & Ponton P.A. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. These measurements are taken while bending the neck and back forward and backward, tilting the neck and back from size to side, and rotating the neck and back to each side. yet assertive representation for our clients. It is rated under another diagnostic group. 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 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. These cookies are necessary for the website to function and cannot be switched off in our systems. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. 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. It will also help if someone else in your division remembers what happened. Entire cervical spine is frozen in an unfavorable position. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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. 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. 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. you viewed to avoid repetition. 20% Spinal Stenosis VA Rating An unfavorable position means your spine is locked in a position that is something other than vertical. Canes range from $25 to $100 and walkers can be more than $200. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. This narrowing can be caused by physical injury or degeneration of the spine. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 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 . VA Ratings For Spinal Arthritis & Back Pain. How to Appeal a Denied Veterans Disability Claim 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.

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