For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. Later you develop a spinal stenosis in your neck (cervical) area. . These cookies are essential so that you can move around the website and use its features. It results in chronic pain, numbness, and weakness in your body. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Spinal stenosis can make it tricky to obtain a fair VA disability rating. A TDIU is an award of increased compensation. This can sometimes be difficult to establish. If you experienced a back injury during active duty, or an injury that later contributed to back pain, you may be eligible for disability benefits. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. 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. Call 800-544-9144 today for a free case evaluation or contact us here. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Were You Denied VA Disability Benefits for Spinal Stenosis? To facilitate this process, the VA has created a ratings table. which may qualify you for a higher rating. 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. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Updated: August 3, 2020. This can lead to a misdiagnosis of spinal stenosis. When pursuing a VA disability rating for back pain, its important to know your options. But it can also be a result of a spinal injury. ). Do you have a low back (lumbar) injury related to your military service? 203, San Jose, CA 95134 However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that theres a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. 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. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. We have updated our Privacy Policy. What is the diagnostic code for traumatic arthritis? Spinal discs act as cushions between your vertebrae. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Confidential or time-sensitive information should not be sent through this form. You should know that it's impossible to get disability benefits if you aren't . This information is not a substitute for legal advice. 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. Spinal stenosis is a form of degenerative disc disease. However, Veterans can also receive disability compensation on a secondary basis. . Forever Grateful, [K.S.]. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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 . I have my transportation now. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! This data may be used to help optimize our websites and make them easier for you to navigate. These mistakes cost veterans at least $5.9 million in payments over the period studied. THE ISSUE. 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. Contact Us When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. These secondary conditions would be rated separately from the underlying spinal condition. Muscle guarding occurs when muscles react to prevent pain or discomfort. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Degenerative arthritis of the spine, sometimes referred to as facet joint osteoarthritis, causes a breakdown of the cartilage between the facet joints in the back of the spine. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . 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? So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 By using our website, you agree to the use of certain cookies. Spinal conditions can cause nerve problems as well. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. 100% VA disability rating for spinal cancer. The technical storage or access that is used exclusively for statistical purposes. Fill out the short form below to contact us. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. 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. 14K 1,344 9. 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. 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. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. If you continue to use this site we will assume that you are happy with it. Our firm was founded in 1986 in Orlando, Florida. Berry Law gets Veterans the disability compensation they earned. 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) However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. 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. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Experienced Social Security Disability Lawyer. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. 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. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Some joints are referred to as major joints, while others are referred to as minor joints. All rights reserved. The VA will use a series of diagnostic codes for areas of the spine. It will also help if someone else in your division remembers what happened. Some joints are referred to as major joints, while others are referred to as minor joints. Please register to post comments. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). NOTE: Entitlement of a spinal condition includes spinal stenosis. 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, they get it wrong more than half the time. have the greatest impact on the veterans ability to work. Rheumatoid arthritis is rated under its own rating system. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. 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. These cookies are necessary for the website to function and cannot be switched off in our systems. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . 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. These cookies do not store any personal information. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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). Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Your spinal stenosis may cause or contribute to other medical conditions, as well. 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) Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. Thank you so much Woods & Woods. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. All information these cookies collect is aggregated and therefore anonymous. Most of the time, spinal stenosis occurs in the lower back and the neck. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Symptoms vary depending on the location of the stenosis and which nerves are affected. 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. I want to thank Woods & Woods for not letting me give up. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%.
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spinal stenosis va disability rating