spinal stenosis va disability rating

San Jose, CA: 2880 Zanker Road, Ste. I served during peace timein theArmy. ATTORNEY FOR THE . We use cookies to optimize our website and our service. VA Disability Claims List: What Conditions Can Veterans Claim? Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. As you can see, ROM measurements play a significant role in rating spinal conditions. Use our VA disability calculator to estimate your. 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. The VA assigns rating percentages based on the frequency of incapacitating episodes. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Your call is always free, and we wont charge you until after we have won your case. 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. Pocket Card . If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. The spine is considered as a minor joint. The diagnostic code for traumatic arthritis is 5010. 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) 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. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. One of the most common conditions secondary to spinal conditions is radiculopathy. Call 512-454-4000 for help today. REPRESENTATION. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Call 800-544-9144 today for a free case evaluation or contact us here. 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). Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. This narrowing can be caused by physical injury or degeneration of the spine. These secondary conditions would be rated separately from the underlying spinal condition. 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. We have updated our Privacy Policy. QUALIFYING STATEMENTS . Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. If you do not allow these cookies, you will experience less targeted advertising. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. 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, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. This can lead to a misdiagnosis of spinal stenosis. 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. For example, the specific code for degenerative arthritis of the spine is 5242. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Please register to post comments. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . 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. Ratings will fall between 0% and 100% disability. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. This field is for validation purposes and should be left unchanged. Feel free to call us at (866) 232-5777 anytime. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Spinal stenosis can cause symptoms throughout the body. 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. 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. However, these secondary service-connected disabilities are not cumulative. If you have multiple disability ratings, we use them to calculate . I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. The SSA has a specific disability listing for lumbar stenosis. Less frequently, stenosis can occur in the upper back (thoracic). There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. 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. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. The disability rating may be even lower depending on the segment of the spine that is frozen. Rheumatoid arthritis is rated under its own rating system. An. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. 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%. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Does Spinal Stenosis Qualify for Disability Benefits? Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. If there is painful motion, a 10% rating will be assigned. 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. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Over time, you will attend additional annual exams at an area SCI Center. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. 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). I have my transportation now. 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. Secondary service connection occurs when a service-connected disability causes another disability. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. While we still have our home base in Florida, VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. . This is particularly true because nerve pain in the extremities can severely impact your earning ability. Entire cervical spine is frozen in an unfavorable position. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. 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. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. means your spine is locked in a position that is something other than vertical. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. Lumbar IVDS accounts for 62% of all disc disease. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. NOTE: Entitlement of a spinal condition includes spinal stenosis. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Errors are frequently made when rating conditions. Some joints are referred to as major joints, while others are referred to as minor joints. We consistently provide experienced, compassionate and ethical representation to our clients. 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. After recovery, the VA will re-evaluate their condition. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. In most cases, the medical listing will be insufficient. Did you receive a VA disability compensation rating of 40%? Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. This disruption can cause strange sensations and loss of muscle control in the affected areas. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 To continue receiving VA disability benefits, you should be compliant with these exams. If you continue to use this site we will assume that you are happy with it. You may be eligible for VA disability benefits if you meet both of these requirements. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. You may also qualify for a 100% rating if your back injury renders you unemployable. When you visit web sites, they may store or retrieve data in your web browser. 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. 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. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. 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. A TDIU is an award of increased compensation. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Va rating of 60%. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 If you are concerned that your VA disability percentage for spinal stenosis fails to account for the extent of your disability, you may wish to speak to a VA benefits lawyer. 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) 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 203, San Jose, CA 95134 Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. The technical storage or access that is used exclusively for anonymous statistical purposes. 30 percent disability rating: $508.05 per month. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Want to know if you qu. About VA disability ratings. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability.

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