Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Their testimony can mean the difference between an approval or a denial of your case. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. When your medical disability occurred during your service, it is almost always presumed to be service-connected. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. Spinal discs act as cushions between your vertebrae. 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. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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. 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. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Full eligibility requirements Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. For example, PTSD can lead to sleep apnea. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. 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). Contact Berry Law today if you need assistance appealing your VA decision. 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 . 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. We use cookies to ensure that we give you the best experience on our website. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. These are periods of acute pain severe enough for a doctor to proscribe bed rest. 20 percent disability rating: $327.99 per month. 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. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. This can sometimes be difficult to establish. Trouble walking, and loss of bowel or bladder control may also result. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Thank you so much Woods & Woods. Case Info Step 2. 203, San Jose, CA 95134 The VA has a separate rating system for these conditions. When you visit web sites, they may store or retrieve data in your web browser. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. These measurements are taken while bending the neck and back forward and backward, tilting the neck and back from size to side, and rotating the neck and back to each side. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. This disruption can cause strange sensations and loss of muscle control in the affected areas. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority. Get Directions. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. 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 . However, these secondary service-connected disabilities are not cumulative. The diagnostic code for traumatic arthritis is 5010. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Camp Lejeune Lawsuit. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." For example, if rheumatoid arthritis of the spine results in pain with motion, the condition will be rated according to the criteria set forth in 5003 as described above. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Phone: (757) 220-4529. 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. 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. 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. have the greatest impact on the veterans ability to work. These cookies dont collect information that identifies you. Yes, but you should talk to a VA Disability law attorney first. 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. I want to thank Woods & Woods for not letting me give up. 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. Your spinal stenosis may cause or contribute to other medical conditions, as well. Lack of cartilage causes pain and limitation of motion. Some joints are referred to as major joints, while others are referred to as minor joints. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. Causes can include herniated or bulging spinal discs. We advocate for the disabled. 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, 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. We get emails all the time asking if certain health problems qualify for benefits. San Jose, CA: 2880 Zanker Road, Ste. The amount of base compensation veterans receive . The latter two will show whether soft tissue may be impinging or invading the spinal cord area. The technical storage or access that is used exclusively for anonymous statistical purposes. Most of the time, spinal stenosis occurs in the lower back and the neck. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). Additional medical appliances may be required. After recovery, the VA will re-evaluate their condition. I have my transportation now. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. Hill & Ponton P.A. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. 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. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 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. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Confidential or time-sensitive information should not be sent through this form. 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. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. You should know that it's impossible to get disability benefits if you aren't . Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. 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. Learn more about us, Veterans Disability Claim Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Fax: (757) 220-9451. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Va rating of 60%. How to Appeal a Denied Veterans Disability Claim 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. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. VA Disability Ratings for Back Pain and Spinal Arthritis. 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. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. . Use our VA disability calculator to estimate your. This field is for validation purposes and should be left unchanged. 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. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Later you develop a spinal stenosis in your neck (cervical) area. 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. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. It is rated under another diagnostic group. 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? Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. 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. Yes No Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Entire thoracolumbar spine is frozen in an unfavorable position. 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. The ratings range from 10% to 60%. Contact Info Is applicant currently receiving Social Security benefits? However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. For example, a cervical spine with forward flexion of 15 produces a VA disability percentage of 30% and a lumbar spine with a total ROM of 120 produces a VA disability percentage of 20%, for an overall VA disability rating of 40%. 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%. See Entitlement Considerations, Section B of this . Feel free to call us at (866) 232-5777 anytime. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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. Contacting us does not create an attorney-client relationship. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. To find out more, view our Privacy Policy. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. 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.

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