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). 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. This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. This data may be used to help optimize our websites and make them easier for you to navigate. 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. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Spondylolisthesis and Spondylolysis - Entitlement Eligibility Questions for those familiar with spinal issues and ratings For example, the specific code for degenerative arthritis of the spine is 5242. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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. How to Appeal a Denied Veterans Disability Claim Its never too late to apply for VA benefits. They may also be used to keep track of what [products, video, links, etc.] VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Use our VA disability calculator to estimate your combined VA rating and monthly payment. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Confidential or time-sensitive information should not be sent through this form. Experienced Social Security Disability Lawyer. Please register to post comments. Want to know if you qu. 100% VA disability rating for spinal cancer. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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. The New Rating System for Back and Neck Spinal Disability - Lawyer The same veteran with a 100% disability rating would receive $3,106.04. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Lumbar spinal stenosis . Rather, they are added using VA math. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. 4.71a Schedule of ratings - musculoskeletal system. have the greatest impact on the veterans ability to work. Neck Conditions: How To Get VA Disability - The Veterans Law Office Forever Grateful, [K.S.]. They fought hard for me and got me more than I ever could dream of. 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. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. How the VA Rates Spinal Stenosis in Florida? 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. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. ). This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Fill out the short form below to contact us. This field is for validation purposes and should be left unchanged. To find out more, view our Privacy Policy. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. The disability rating is the highest rating produced by the rating tables. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. That is, they get it wrong more than half the time. 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. 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. 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. 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%. THE ISSUE. 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). Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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. 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%. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. VA.gov Home | Veterans Affairs For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. 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. Call 512-454-4000 for help today. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. After recovery, the VA will re-evaluate their condition. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Learn more about us, Veterans Disability Claim 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. . Most of the time, spinal stenosis occurs in the lower back and the neck. VA Disability For Back Impairments - The Veterans Law Office 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. 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? The technical storage or access that is used exclusively for anonymous statistical purposes. Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs By using our website, you agree to the use of certain cookies. You may be eligible for VA disability benefits if you meet both of these requirements. 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. 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 . 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. Less frequently, stenosis can occur in the upper back (thoracic). However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Their testimony can mean the difference between an approval or a denial of your case. you viewed to avoid repetition. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 NOTE: Entitlement of a spinal condition includes spinal stenosis. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. Under the VA regulations, you may request an extra-schedular rating for your disability. VA Disability Benefits for Sciatica and Similar Nerve Conditions For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Back braces or corsets are $200 or more. It may result in a higher rating, and therefore a greater monthly disability compensation amount. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Over time, you will attend additional annual exams at an area SCI Center. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. 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. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 SPINAL CORD STIMULATION - Veterans Benefits Network Yes, you can. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. 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. How the Blue Book Can Help with Spinal Stenosis SSD Claim VA Disability Ratings for Spinal Stenosis | CCK Law 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. 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. Spinal stenosis Mental health disorders, such as depression and anxiety And more. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Appellant. This can severely affect your movement and eventually takes a toll on your ability to move. 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. Some joints are referred to as major joints, while others are referred to as minor joints. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. 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. Errors are frequently made when rating conditions. These cookies dont collect information that identifies you. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm These complications of stenosis are called. yet assertive representation for our clients. Spine Condition Ratings Military Disability Made Easy Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law 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.
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