These are periods of acute pain severe enough for a doctor to proscribe bed rest. Spine Condition Ratings. Veterans & Spinal Stenosis Disability Rating 888.878.9350 Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. yet assertive representation for our clients. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. 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). The spine is considered as a minor joint. VA.gov Home | Veterans Affairs WITNESS AT HEARING ON APPEAL. How the VA Rates Spinal Stenosis in Florida? 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. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. This can lead to a misdiagnosis of spinal stenosis. Is Spinal Stenosis A Permanent Disability | Disability Help How Do You Rate Severe Spinal Stenosis - VA Disability Compensation You may also be able to show your spinal stenosis is service-related via a secondary service connection. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Disclaimer: This information is not legal advice. You may not notice at the onset, but the pain will evolve slowly over time. For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). Also, the VA requires that all ROM measurements be taken with a goniometer. Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox 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. The diagnostic code for rheumatoid arthritis is 5002. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Entire cervical spine is frozen in an unfavorable position. Call 800-544-9144 today for a free case evaluation or contact us here. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. These mistakes cost veterans at least $5.9 million in payments over the period studied. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. These cookies are essential so that you can move around the website and use its features. If you experienced a back injury during active duty, or an injury that later contributed to back pain, you may be eligible for disability benefits. When symptoms are present, they usually start gradually and worsen over time. Vertebral fractures and dislocations (diagnostic code 5235). Yes, but you should talk to a VA Disability law attorney first. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Were You Denied VA Disability Benefits for Spinal Stenosis? 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: 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 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. What is the diagnostic code for traumatic arthritis? VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . The technical storage or access that is used exclusively for statistical purposes. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. Contact Berry Law today if you need assistance appealing your VA decision. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Neck Conditions: How To Get VA Disability - The Veterans Law Office Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Does Spinal Stenosis Qualify for Disability Benefits? ). All information these cookies collect is aggregated and therefore anonymous. 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. You should consult an attorney for advice regarding your individual situation. Yes No Does applicant expect to be out of work for at least 12 months? Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. 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%. VA physicians will measure your range of motion in six places, using a goniometer. You must have a positive imaging test (MRI, . 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. 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 . Spinal stenosis is most commonly experienced in the neck and lower part of the back. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. 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. . 10 percent disability rating: $165.92 per month. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Ratings will fall between 0% and 100% disability. 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. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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 . Hill & Ponton P.A. When you visit web sites, they may store or retrieve data in your web browser. Can I Get a Higher VA Rating for a Back Disability? Muscle spasms are involuntary contractions or extensions of muscles. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Rheumatoid arthritis is rated under its own rating system. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Spinal Stenosis Disability Claim Attorney | Filing for Disability 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. These complications of stenosis are called. Spinal stenosis can cause symptoms throughout the body. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm We advocate for the disabled. Yes, you can. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. It will also help if someone else in your division remembers what happened. This field is for validation purposes and should be left unchanged. This is known as secondary service connection. An. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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. Lack of cartilage causes pain and limitation of motion. 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. 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. The VA routinely mishandles spinal injury claims. The technical storage or access that is used exclusively for anonymous statistical purposes. This metric is used in calculating your VA disability rating. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Some joints are referred to as major joints, while others are referred to as minor joints. Trouble walking, and loss of bowel or bladder control may also result. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. If you continue to use this site we will assume that you are happy with it. 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%. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. 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. Camp Lejeune Lawsuit. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. It may result in a higher rating, and therefore a greater monthly disability compensation amount. How to Qualify for Disability Benefits With Spondylosis 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. 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. 100% VA disability rating for spinal cancer. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Muscle guarding occurs when muscles react to prevent pain or discomfort. 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. Already working with us? This can severely affect your movement and eventually takes a toll on your ability to move. Disability Benefits For Spinal Stenosis - Gillette Law Group VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. Have you been affected by Camp Lejeune water contamination? VA.gov Home | Veterans Affairs Confidential or time-sensitive information should not be sent through this form. Fill out the short form below to contact us. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Do you have a low back (lumbar) injury related to your military service? About VA disability ratings. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Please register to post comments. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. VA Disability Claims List: What Conditions Can Veterans Claim? Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. As you can see, ROM measurements play a significant role in rating spinal conditions. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full 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. Find Out How To Qualify for Disability with Degenerative Disc Disease The latter two will show whether soft tissue may be impinging or invading the spinal cord area. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. It results in chronic pain, numbness, and weakness in your body. However, these secondary service-connected disabilities are not cumulative. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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%. Herniated Discs. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. 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. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Some joints are referred to as major joints, while others are referred to as minor joints. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. 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.