Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. When these lateral nerve roots become compressed, it can disrupt the signals passing from your brain and spinal column out through the nerve roots to your arms, legs, and other parts of your body a condition called foraminal stenosis, which can cause radiculopathy. Do You Have Long-Term Disability Insurance Coverage? These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. 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. 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. If you do not allow these cookies, you will experience less targeted advertising. These cookies may be set through our website by our advertising partners. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. About VA disability ratings. When symptoms are present, they usually start gradually and worsen over time. Pocket Card . Extraschedular VA Disability Ratings Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 This will effectively increase your VA disability rating. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Contacting us does not create an attorney-client relationship. 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. 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. Berry Law gets Veterans the disability compensation they earned. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. So, they compensate them for the disability on a secondary basis. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. We use cookies to optimize our website and our service. A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . 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. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Entire thoracolumbar spine is frozen in an unfavorable position. 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). Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. This metric is used in calculating your VA disability rating. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. These complications of stenosis are called. Lumbar IVDS accounts for 62% of all disc disease. 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. 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. Errors are frequently made when rating conditions. 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. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. A fair VA disability rating for spinal stenosis can be difficult to obtain. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. 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. Copy this embed code to share the infographic on your own site. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. 4.71a Schedule of ratings - musculoskeletal system. means your spine is locked in a position that is something other than vertical. Let's talk about your VA disability benefits. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. 203, San Jose, CA 95134 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). Have you been affected by Camp Lejeune water contamination? When these lateral nerve roots become compressed, it can disrupt the signals passing from your brain and spinal column out through the nerve roots to your arms, legs, and other parts of your body a condition called, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). The disability rating may be even lower depending on the segment of the spine that is frozen. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Errors are frequently made when rating conditions. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. REPRESENTATION. Hill & Ponton P.A. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 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. 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. Please complete this form to send us your message. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. 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. This website adheres to the W3Cs AA Accessibility guidelines. To facilitate this process, the VA has created a ratings table. Call 800-544-9144 today for a free case evaluation or contact us here. You may also be able to show your spinal stenosis is service-related via a secondary service connection. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 In some cases, the VA may help veterans get surgery to treat spinal stenosis. These mistakes cost veterans at least $5.9 million in payments over the period studied. ). Spinal stenosis is a disorder that affects your back. If you continue to use this site we will assume that you are happy with it. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. 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. This field is for validation purposes and should be left unchanged. 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. These cookies are essential so that you can move around the website and use its features. However, these secondary service-connected disabilities are not cumulative. 10 percent disability rating: $165.92 per month. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Feel free to call us at (866) 232-5777 anytime. Canes range from $25 to $100 and walkers can be more than $200. Phone: (757) 220-4529. You may also qualify for a 100% rating if your back injury renders you unemployable. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Do you have a low back (lumbar) injury related to your military service? You may not notice at the onset, but the pain will evolve slowly over time. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Fill out the short form below to contact us. You should consult an attorney for advice regarding your individual situation. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? Our goal is to help all fellow Veterans get the disability benefits they deserve. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. 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%. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. An. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Registration is FREE of charge! An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Appellant represented by: Disabled American Veterans. When pursuing a VA disability rating for back pain, its important to know your options. This information is made available for educational purposes only and to provide general information and a general understanding of the law. As the foramen close in, it can lead to those nerves becoming pinched. 30 percent disability rating: $508.05 per month. 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 . The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. However, Veterans can also receive disability compensation on a secondary basis. Disability benefits are paid for service-connected disabilities. These cookies dont collect information that identifies you. You may also qualify for a 100% rating if your back injury renders you. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. you may be able to get a higher rating due to incapacitating episodes. 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