Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. 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. 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. Forever Grateful, [K.S.]. 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). THE ISSUE. An. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. This website adheres to the W3Cs AA Accessibility guidelines. Yes No Does applicant expect to be out of work for at least 12 months? Yes, but you should talk to a VA Disability law attorney first. In most cases, the medical listing will be insufficient. we represent clients nationwide. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. We use cookies to ensure that we give you the best experience on our website. A TDIU is an award of increased compensation. Call 800-544-9144 today for a free case evaluation or contact us here. We invite you to contact us and welcome your calls, letters and electronic mail. Appellant. 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. The ratings range from 10% to 60%. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage. 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. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Spinal stenosis is a form of degenerative disc disease. The VA routinely mishandles spinal injury claims. When your medical disability occurred during your service, it is almost always presumed to be service-connected. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. 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. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Case Info Step 2. REPRESENTATION. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. If there is painful motion, a 10% rating will be assigned. The spine is considered as a minor joint. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Errors are frequently made when rating conditions. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. These are periods of acute pain severe enough for a doctor to proscribe bed rest. You may not notice at the onset, but the pain will evolve slowly over time. 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. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. For instance, which pages you go to most. For example, the specific code for degenerative arthritis of the spine is 5242. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. 4.30 Convalescent ratings. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 It is rated under another diagnostic group. We are sorry that this post was not as useful for you! Updated: August 3, 2020. This information is not a substitute for legal advice. . 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. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. They fought hard for me and got me more than I ever could dream of. See Entitlement Considerations, Section B of this . The amount of base compensation veterans receive . 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 VA Disability Ratings for Back Pain and Spinal Arthritis. Under the VA regulations, you may request an extra-schedular rating for your disability. These cookies are necessary for the website to function and cannot be switched off in our systems. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Muscle spasms are involuntary contractions or extensions of muscles. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Your spinal stenosis may cause or contribute to other medical conditions, as well. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Spinal stenosis Mental health disorders, such as depression and anxiety And more. The VA assigns rating percentages based on the frequency of incapacitating episodes. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. This can sometimes be difficult to establish. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. This will effectively increase your VA disability rating. The spine is considered as a minor joint. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Please call for an appointment before visiting: Mail Processing Center: P.O. Spinal discs act as cushions between your vertebrae. The same veteran with a 100% disability rating would receive $3,106.04. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. To continue receiving VA disability benefits, you should be compliant with these exams. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. 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. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. To provide even more value to our veterans, this page is only available with an All-Access Membership. About VA disability ratings. 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 . When symptoms are present, they usually start gradually and worsen over time. Your Condition Must be Connected to Your Service to Obtain a VA Disability Rating Spinal Stenosis, When it occurs in the cervical spine (the neck and upper section of the back). The disability rating is the highest rating produced by the rating tables. We advocate for the disabled. Already working with us? In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Herniated Discs. Over time, you will attend additional annual exams at an area SCI Center. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Lumbar spinal stenosis . Berry Law gets Veterans the disability compensation they earned. Williamsburg, VA 23185. which may qualify you for a higher rating. So, they compensate them for the disability on a secondary basis. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Let's talk about your VA disability benefits. 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. Spinal stenosis is most commonly experienced in the neck and lower part of the back. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. ). To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Entire cervical spine is frozen in an unfavorable position. You should consult an attorney for advice regarding your individual situation. Did you receive a VA disability compensation rating of 40%? But it can also be a result of a spinal injury. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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 your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. If you continue to use this site we will assume that you are happy with it. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. 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. Spinal stenosis is a form of degenerative disc disease. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Fill out the short form below to contact us. Do You Qualify for Long Term Disability Benefits? Contact Us The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. These mistakes cost veterans at least $5.9 million in payments over the period studied. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. This disruption can cause strange sensations and loss of muscle control in the affected areas. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. 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. It may also cause bladder and bowel issues. 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. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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. 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. 203, San Jose, CA 95134 The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 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. 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). VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Also, the VA requires that all ROM measurements be taken with a goniometer. you may be able to get a higher rating due to incapacitating episodes. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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 Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. We have updated our Privacy Policy. 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. 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) Secondary service connection occurs when a service-connected disability causes another disability. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint.

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