spinal stenosis va disability rating spinal stenosis va disability rating

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. 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). 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. Cookies help us deliver the best experience on our website. Over time, you will attend additional annual exams at an area SCI Center. 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. Typically, this would be established by medical records from your time in the military showing that your condition worsened. For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Entire thoracolumbar spine is frozen in an unfavorable position. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. This field is for validation purposes and should be left unchanged. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Call 800-544-9144 today for a free case evaluation or contact us here. 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. 20 percent disability rating: $327.99 per month. While we still have our home base in Florida, In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. These cookies are necessary for the website to function and cannot be switched off in our systems. However, generally speaking, symptoms may include the following: Most often, spinal stenosis is caused by overuse or general wear-and-tear changes in the spine related to osteoarthritis. 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. VA Disability Ratings for Back Pain and Spinal Arthritis. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. I have my transportation now. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 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? 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. Spinal discs act as cushions between your vertebrae. There are two types of spinal stenosis treatment: surgical and non-surgical. 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. Yes No If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 30 percent disability rating: $508.05 per month. Both upper (cervical) and . VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. We use cookies to ensure that we give you the best experience on our website. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. 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. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. To continue receiving VA disability benefits, you should be compliant with these exams. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Extraschedular VA Disability Ratings Conversely, when the lumbar spine (the lower section of the back) is affected, symptoms may cause pain and nerve sensations in the back, legs, and feet. This information is not a substitute for legal advice. Your spinal stenosis may cause or contribute to other medical conditions, as well. Our doctors know how service-connected disabilities work, so they know what to look for in your file. We have updated our Privacy Policy. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. 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). Since that time, we have provided compassionate If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. 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 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. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). This information is made available for educational purposes only and to provide general information and a general understanding of the law. 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. 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. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Yes No Does applicant expect to be out of work for at least 12 months? Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. The amount of base compensation veterans receive . 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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 . Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. It may result in a higher rating, and therefore a greater monthly disability compensation amount. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Spine Condition Ratings. 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. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Spinal stenosis can make it tricky to obtain a fair VA disability rating. VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). An. you may be able to get a higher rating due to incapacitating episodes. This can severely affect your movement and eventually takes a toll on your ability to move. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Your call is always free, and we wont charge you until after we have won your case. They may also be used to keep track of what [products, video, links, etc.] 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. 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. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. 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. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Neck muscle injuries. . As you can see, ROM measurements play a significant role in rating spinal conditions. means your spine is locked in a position that is something other than vertical. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. The disability rating may be even lower depending on the segment of the spine that is frozen. Experienced Social Security Disability Lawyer. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. 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. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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, contact us today. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Function: Postural support of body; extension and lateral movements of spine. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. Spinal stenosis is most commonly experienced in the neck and lower part of the back. 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. This can sometimes be difficult to establish. You may be owed compensation. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Case Info Step 2. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. However, these secondary service-connected disabilities are not cumulative. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. This guide will break down how the VA rates back pain and spinal disabilities, so you can take the first steps toward making a claim. 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. Contact Info Is applicant currently receiving Social Security benefits? Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Do You Have Long-Term Disability Insurance Coverage? Errors are frequently made when rating conditions. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. The spine is considered as a minor joint. I served during peace timein theArmy. If you do not allow these cookies, you will experience less targeted advertising. 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. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. 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. Herniated Discs. If these conservative options dont get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. A favorable position means that the spine is frozen at the baseline position or 0% flexion. We consistently provide experienced, compassionate and ethical representation to our clients. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. 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.