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. Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. 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. 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. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 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: We get emails all the time asking if certain health problems qualify for benefits. 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. 30 percent disability rating: $508.05 per month. 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. Spinal stenosis can make it tricky to obtain a fair VA disability rating. When pursuing a VA disability rating for back pain, its important to know your options. Call 800-544-9144 today for a free case evaluation or contact us here. We assign you a disability rating based on the severity of your service-connected condition. 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. We use cookies to optimize our website and our service. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. This can sometimes be difficult to establish. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . 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. 4.71a Schedule of ratings - musculoskeletal system. Rather, they are added using VA math. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. 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. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Some joints are referred to as major joints, while others are referred to as minor joints. The VA has a separate rating system for these conditions. 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. This means that the effects of spinal stenosis are not limited to the back. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. I have my transportation now. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. . Contacting us does not create an attorney-client relationship. 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. 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Fax: (757) 220-9451. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. 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. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . VA physicians will measure your range of motion in six places, using a goniometer. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. Free Disability Evaluation: Step 1. Spinal stenosis is most commonly experienced in the neck and lower part of the back. 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. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 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. 4.30 Convalescent ratings. . Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Spinal stenosis is a form of degenerative disc disease. I want to thank Woods & Woods for not letting me give up. When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. All rights reserved. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Back braces or corsets are $200 or more. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 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. Fill out the short form below to contact us. Use our VA disability calculator to estimate your. Most of the time, spinal stenosis occurs in the lower back and the neck. Entire thoracolumbar spine is frozen in an unfavorable position. Want to know if you qu. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Berry Law gets Veterans the disability compensation they earned. I suffer from many health issues due to the trauma that happened to me in 1980. 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. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. I bought a home. This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. By continuing to use our website, you agree to these updates. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Since that time, we have provided compassionate 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. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. 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. These cookies are necessary for the website to function and cannot be switched off in our systems. 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). Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox 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. means your spine is locked in a position that is something other than vertical. Our firm was founded in 1986 in Orlando, Florida. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Williamsburg, VA 23185. To find out more, view our Privacy Policy. we represent clients nationwide. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 you may be able to get a higher rating due to incapacitating episodes. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. ATTORNEY FOR THE . It will also help if someone else in your division remembers what happened.