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. Extraschedular VA Disability Ratings Some joints are referred to as major joints, while others are referred to as minor joints. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The ratings range from 10% to 60%. Less frequently, stenosis can occur in the upper back (thoracic). We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Since that time, we have provided compassionate I bought a home. I have my transportation now. 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 RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. ). Hill & Ponton P.A. 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. It will also help if someone else in your division remembers what happened. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. Were You Denied VA Disability Benefits for Spinal Stenosis? For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. 14K 1,344 9. We use cookies to ensure that we give you the best experience on our website. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. This data may be used to help optimize our websites and make them easier for you to navigate. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. Under the VA regulations, you may request an extra-schedular rating for your disability. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Can I Get a Higher VA Rating for a Back 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. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. 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. Appellant represented by: Disabled American Veterans. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 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. This field is for validation purposes and should be left unchanged. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. Learn How Veterans Can Get VA Benefits for Back Pain Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. REPRESENTATION. These cookies may be set through our website by our advertising partners. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. They may also be used to keep track of what [products, video, links, etc.] Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. To facilitate this process, the VA has created a ratings table. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Please complete this form to send us your message. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. 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 sum of all these degree measurements together is called the ROM (range of motion) measurement. 5238 Spinal stenosis - Veterans Benefits Network The technical storage or access that is used exclusively for statistical purposes. By using our website, you agree to the use of certain cookies. Let's talk about your VA disability benefits. Many people only think about their medical issues when applying for Social Security disability. 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%. NOTE: Entitlement of a spinal condition includes spinal stenosis. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. WITNESS AT HEARING ON APPEAL. For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. By continuing to use our website, you agree to these updates. 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. 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. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. This disruption can cause strange sensations and loss of muscle control in the affected areas. This is particularly true because nerve pain in the extremities can severely impact your earning ability. This will effectively increase your VA disability rating. You may also be able to show your spinal stenosis is service-related via a secondary service connection. This opinion will be most favorable when it comes to establishing service connection. 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 Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. 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. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. 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) Spine Condition Ratings. Registration is FREE of charge! 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 . We have updated our Privacy Policy. What is the diagnostic code for traumatic arthritis? have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? Copy this embed code to share the infographic on your own site. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. An unfavorable position means that the spine is frozen in a position other than the natural upright position. So, they compensate them for the disability on a secondary basis. This narrowing can be caused by physical injury or degeneration of the spine. We use cookies to optimize our website and our service. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. The amount of base compensation veterans receive . Function: Postural support of body; extension and lateral movements of spine. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. After recovery, the VA will re-evaluate their condition. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Rheumatoid arthritis is rated under its own rating system. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law This can severely affect your movement and eventually takes a toll on your ability to move. 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. When pursuing a VA disability rating for back pain, its important to know your options. Lack of cartilage causes pain and limitation of motion. Yes, you can. The spine is considered as a minor joint. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Call 800-544-9144 today for a free case evaluation or contact us here. 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. Use our VA disability calculator to estimate your. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full Symptoms vary depending on the location of the stenosis and which nerves are affected. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Phone: (757) 220-4529. These cookies allow the website to remember choices you make to give you better functionality and personal features. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . 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%. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. 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. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. You may not notice at the onset, but the pain will evolve slowly over time. 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. If you do not allow these cookies, you will experience less targeted advertising. 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. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 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 . That is, they get it wrong more than half the time. Other back impairments have a maximum schedular rating of 60 percent or lower. Spinal stenosis can cause symptoms throughout the body. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Full eligibility requirements We are sorry that this post was not as useful for you! 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. Va rating of 60%. Errors are frequently made when rating conditions. Spinal Stenosis & Qualifying for Social Security Disability Most of the time, spinal stenosis occurs in the lower back and the neck. Forever Grateful, [K.S.]. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Confidential or time-sensitive information should not be sent through this form. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. 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. 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. 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 continue to use this site we will assume that you are happy with it. . If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. These are periods of acute pain severe enough for a doctor to proscribe bed rest. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235