This information is made available for educational purposes only and to provide general information and a general understanding of the law. Free Disability Evaluation: Step 1. If your condition meets the listing criteria, it will automatically be considered a disability. 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 . VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability 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. Symptoms vary depending on the location of the stenosis and which nerves are affected. .. Jan 17, 2012 #2.
VA Disability Ratings for Back Pain and Spinal Arthritis We assign you a disability rating based on the severity of your service-connected condition. The rating will largely depend on whether you have lost range of motion as a result of stenosis. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. 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. 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.
VA Disability For Back Pain // Appeals, Claims, Denials - Vet Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . They fought hard for me and got me more than I ever could dream of. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. When pursuing a VA disability rating for back pain, its important to know your options. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Entire spine is frozen in an unfavorable position.
Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. 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. Our firm was founded in 1986 in Orlando, Florida. It will also help if someone else in your division remembers what happened. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. I served during peace timein theArmy. . Call 800-544-9144 today for a free case evaluation or contact us here. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. Pocket Card . Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. 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. 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) Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 14K 1,344 9. 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 intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. See Entitlement Considerations, Section B of this . The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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. 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. 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. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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.
Veterans & Spinal Stenosis Disability Rating 888.878.9350 It is the problems that may be CAUSED by Spinal Stenosis that are rateable. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. These are periods of acute pain severe enough for a doctor to proscribe bed rest. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Their testimony can mean the difference between an approval or a denial of your case. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. VA Disability Rating for Spinal Stenosis Depends on Range of Motion 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Lack of cartilage causes pain and limitation of motion. San Jose, CA: 2880 Zanker Road, Ste. 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. If you do not allow these cookies, you will experience less targeted advertising. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. means your spine is locked in a position that is something other than vertical. The technical storage or access that is used exclusively for statistical purposes. These cookies dont collect information that identifies you. Later you develop a spinal stenosis in your neck (cervical) area. While we still have our home base in Florida, Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 A favorable position means that the spine is frozen at the baseline position or 0% flexion. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. 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. Contacting us does not create an attorney-client relationship. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. This data may be used to help optimize our websites and make them easier for you to navigate. QUALIFYING STATEMENTS . Yes No Does applicant expect to be out of work for at least 12 months? The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer. Copy this embed code to share the infographic on your own site. Do You Have Long-Term Disability Insurance Coverage? Williamsburg, VA 23185. These cookies allow the website to remember choices you make to give you better functionality and personal features. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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.
38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute Both upper (cervical) and . 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. AVVO 10/10 Superb Rating, BBB A+ Rated. 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. Learn more about us, Veterans Disability Claim 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).
VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis 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. 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). Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. It may also cause bladder and bowel issues. The VA assigns rating percentages based on the frequency of incapacitating episodes. 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine.
These complications of stenosis are called. You should know that it's impossible to get disability benefits if you aren't . If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. About VA disability ratings. Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. This information is not a substitute for legal advice. Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain.
Find Out How To Qualify for Disability with Degenerative Disc Disease Fill out the short form below to contact us. If you continue to use this site we will assume that you are happy with it. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness.
Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 After recovery, the VA will re-evaluate their condition. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss.
Spinal stenosis - Symptoms and causes - Mayo Clinic 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. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine.
The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Spinal discs act as cushions between your vertebrae. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. 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. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. The VA routinely mishandles spinal injury claims. The diagnostic code for rheumatoid arthritis is 5002. 4.30 Convalescent ratings. You may be owed compensation. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. You may also qualify for a 100% rating if your back injury renders you. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Contact Us Errors are frequently made when rating conditions. Extraschedular VA Disability Ratings
Federal Register :: Schedule for Rating Disabilities; The Spine All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. The disability rating may be even lower depending on the segment of the spine that is frozen. Muscle guarding occurs when muscles react to prevent pain or discomfort. Please call for an appointment before visiting: Mail Processing Center: P.O. These secondary conditions would be rated separately from the underlying spinal condition. 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. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. Disclaimer: This information is not legal advice.
How to Win Your Disability Claim for 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. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. 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 . These cookies may be set through our website by our advertising partners. Some joints are referred to as major joints, while others are referred to as minor joints. A VA lawyer can run through all the scenarios with you for obtaining a fair VA disability rating that reflects the ways spinal stenosis affects you. 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. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). VA Disability Ratings for Back Pain and Spinal Arthritis. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. . Rheumatoid arthritis is rated under its own rating system. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. 100% VA disability rating for spinal cancer. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. VA Disability Claims List: What Conditions Can Veterans Claim? Hill & Ponton P.A. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. 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. So, they compensate them for the disability on a secondary basis. These cookies are necessary for the website to function and cannot be switched off in our systems. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. 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). The latter two will show whether soft tissue may be impinging or invading the spinal cord area. 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. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Case Info Step 2. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 20% Spinal Stenosis VA Rating To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 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. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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. Since that time, we have provided compassionate 203, San Jose, CA 95134 You may be eligible for VA disability benefits if you meet both of these requirements. General VA Disability Compensation Benefits Claims Forums . yet assertive representation for our clients. THE ISSUE. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 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. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 The SSA has a specific disability listing for lumbar stenosis. These cookies are essential so that you can move around the website and use its features. Canes range from $25 to $100 and walkers can be more than $200. Some joints are referred to as major joints, while others are referred to as minor joints. 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%. They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage.
The Truth About Spinal Stenosis: Causes Symptoms And Treatments