Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. These types of lawyers have experience dealing with the laws and rules that govern the VA and may have ideas and suggestions for increasing or challenging your VA disability rating. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. To provide even more value to our veterans, this page is only available with an All-Access Membership. 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 have updated our Privacy Policy. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Spinal discs act as cushions between your vertebrae. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. The information you obtain on this website is not, nor is it intended to be, legal advice. Fill out the short form below to contact us. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. Fax: (757) 220-9451. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. Extraschedular VA Disability Ratings General VA Disability Compensation Benefits Claims Forums . Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Berry Law gets Veterans the disability compensation they earned. Your call is always free, and we wont charge you until after we have won your case. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. 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 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 The spine is considered as a minor joint. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. This will effectively increase your VA disability rating. Your spinal stenosis may cause or contribute to other medical conditions, as well. Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. These cookies may be set through our website by our advertising partners. The VA routinely mishandles spinal injury claims. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. For example, the specific code for degenerative arthritis of the spine is 5242. Veterans & Spinal Stenosis Disability Rating 888.878.9350 Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . 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). I bought a home. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Appellant. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. It may also cause bladder and bowel issues. To continue receiving VA disability benefits, you should be compliant with these exams. The SSA has a specific disability listing for lumbar stenosis. How the VA Rates Spinal Stenosis in Florida? However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Later you develop a spinal stenosis in your neck (cervical) area. Feel free to call us at (866) 232-5777 anytime. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. ATTORNEY FOR THE . You may also be able to show your spinal stenosis is service-related via a secondary service connection. AVVO 10/10 Superb Rating, BBB A+ Rated. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Some joints are referred to as major joints, while others are referred to as minor joints. You may be eligible for VA disability benefits if you meet both of these requirements. Their testimony can mean the difference between an approval or a denial of your case. We use cookies to ensure that we give you the best experience on our website. These cookies do not store any personal information. The Truth About Spinal Stenosis: Causes Symptoms And Treatments As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 Typically, this would be established by medical records from your time in the military showing that your condition worsened. 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. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Other back impairments have a maximum schedular rating of 60 percent or lower. This field is for validation purposes and should be left unchanged. Department of Veterans Affairs Regional Office in New York, New York. Over time, you will attend additional annual exams at an area SCI Center. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Spinal Stenosis & Qualifying for Social Security Disability 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. The VA assigns rating percentages based on the frequency of incapacitating episodes. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical . In some cases, the VA may help veterans get surgery to treat spinal stenosis. Most of the time, spinal stenosis occurs in the lower back and the neck. Schedule an MRI consultation today! With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Neck Conditions: How To Get VA Disability - The Veterans Law Office The rating will largely depend on whether you have lost range of motion as a result of stenosis. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. That is, they get it wrong more than half the time. Neck muscle injuries. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). You must have a positive imaging test (MRI, . Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Entire thoracolumbar spine is frozen in an unfavorable position. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. What Happens If You Don't Treat Spinal Stenosis? 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute Back braces or corsets are $200 or more. Cervical Spine Conditions - Entitlement Eligibility Guidelines A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Spine Condition Ratings. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. 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 . 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. Spinal stenosis can cause symptoms throughout the body. 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 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. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full 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. We are sorry that this post was not as useful for you! Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . The spine is considered as a minor joint. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Copy this embed code to share the infographic on your own site. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. These cookies are necessary for the website to function and cannot be switched off in our systems. 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. I suffer from many health issues due to the trauma that happened to me in 1980. These cookies are essential so that you can move around the website and use its features. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape VA Disability Rating for Back Pain | The Tuley Law Office VA Disability Benefits for Sciatica and Similar Nerve Conditions This is known as secondary service connection. This field is for validation purposes and should be left unchanged. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. 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. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. An unfavorable position means your spine is locked in a position that is something other than vertical. The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. You could be entitled to $3,627 per month! Our firm was founded in 1986 in Orlando, Florida. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Lack of cartilage causes pain and limitation of motion. Spinal stenosis can make it tricky to obtain a fair VA disability rating. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. Errors are frequently made when rating conditions. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 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). We use cookies to optimize our website and our service. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. 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. 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. Do you have a low back (lumbar) injury related to your military service? 3 Tiers of Sciatica VA Disability Ratings and How To Apply If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. Agent Orange exposure and VA disability compensation Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. After recovery, the VA will re-evaluate their condition. It will also help if someone else in your division remembers what happened. Muscle spasms are involuntary contractions or extensions of muscles. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Contact Us About VA disability ratings. 5238 Spinal stenosis - Veterans Benefits Network 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. Contacting us does not create an attorney-client relationship. Trouble walking, and loss of bowel or bladder control may also result. 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 rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. This data may be used to help optimize our websites and make them easier for you to navigate. You should know that it's impossible to get disability benefits if you aren't . Getting Veterans (VA) Disability for Spinal Injuries | CCK Law Entitlement to a rating in excess of 20 percent for chronic low back If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Please register to post comments. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. This information is not a substitute for legal advice. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. .. Jan 17, 2012 #2. VA Disability For Back Pain // Appeals, Claims, Denials - Vet When pursuing a VA disability rating for back pain, its important to know your options. Many people only think about their medical issues when applying for Social Security disability. VA Disability Claims List: What Conditions Can Veterans Claim? Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Both upper (cervical) and . 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. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. 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 Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). What is the diagnostic code for traumatic arthritis? The Top 3 Spinal Stenosis VA Rating Tips Explained (Ultimate Guide) Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. 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. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. THE ISSUE. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. 20 percent disability rating: $327.99 per month. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. 14K 1,344 9. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Learn more about us, Veterans Disability Claim You may also qualify for a 100% rating if your back injury renders you. 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. Get Directions. VA Disability Rating for Degenerative Disc Disease Explained (The