spinal stenosis va disability rating spinal stenosis va disability rating

This can lead to a misdiagnosis of spinal stenosis. Under the VA regulations, you may request an extra-schedular rating for your disability. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 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. I suffer from many health issues due to the trauma that happened to me in 1980. This will effectively increase your VA disability rating. As you can see, ROM measurements play a significant role in rating spinal conditions. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Secondary service connection occurs when a service-connected disability causes another disability. Typically, this would be established by medical records from your time in the military showing that your condition worsened. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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 experienced a back injury during active duty, or an injury that later contributed to back pain, you may be eligible for disability benefits. 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. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Intervertebral Disc Syndrome (IVDS) and VA Disability Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. This is particularly true because nerve pain in the extremities can severely impact your earning ability. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. ATTORNEY FOR THE . Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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. The New Rating System for Back and Neck Spinal Disability - Lawyer A TDIU is an award of increased compensation. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Vertebral fractures and dislocations (diagnostic code 5235). Please register to post comments. 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. 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. 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. However, Veterans can also receive disability compensation on a secondary basis. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. The same veteran with a 100% disability rating would receive $3,106.04. 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. You should know that it's impossible to get disability benefits if you aren't . This can severely affect your movement and eventually takes a toll on your ability to move. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Contact Berry Law today if you need assistance appealing your VA decision. Spinal stenosis can cause symptoms throughout the body. An unfavorable position means that the spine is frozen in a position other than the natural upright position. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. Fill out the short form below to contact us. REPRESENTATION. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. 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. 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. For example, PTSD can lead to sleep apnea. which may qualify you for a higher rating. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Spondylolisthesis and Spondylolysis - Entitlement Eligibility About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans The spine is considered as a minor joint. 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 . Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Spine Condition Ratings. 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%. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Did you receive a VA disability compensation rating of 40%? When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. The diagnostic code for rheumatoid arthritis is 5002. 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. . VA Disability Rating Levels and Compensation Amounts for Spinal Injury. You can talk these problems over with your physician, as well. VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. 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 order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. You should consult an attorney for advice regarding your individual situation. These mistakes cost veterans at least $5.9 million in payments over the period studied. 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. 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. General VA Disability Compensation Benefits Claims Forums . 3 Tiers of Sciatica VA Disability Ratings and How To Apply If you continue to use this site we will assume that you are happy with it. These are periods of acute pain severe enough for a doctor to proscribe bed rest. We are sorry that this post was not as useful for you! Case Info Step 2. Va rating of 60% | Physical Evaluation Board Forum Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). you may be able to get a higher rating due to incapacitating episodes. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. Find Out How To Qualify for Disability with Degenerative Disc Disease The sum of all these degree measurements together is called the ROM (range of motion) measurement. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. To facilitate this process, the VA has created a ratings table. We have updated our Privacy Policy. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. You may not notice at the onset, but the pain will evolve slowly over time. Veterans & Spinal Stenosis Disability Rating 888.878.9350 Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. These cookies collect information about how you use our website. 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. 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. With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. These types of lawyers have experience dealing with the laws and rules that govern the VA and may have ideas and suggestions for increasing or challenging your VA disability rating. The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: 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 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Spinal stenosis is most commonly experienced in the neck and lower part of the back. So, they compensate them for the disability on a secondary basis. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. 30 percent disability rating: $508.05 per month. Experienced Social Security Disability Lawyer. Radiculopathy | Johns Hopkins Medicine The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. However, these secondary service-connected disabilities are not cumulative. 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. 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. 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. VA Disability Rating for Neck Pain | The Tuley Law Office This means that the effects of spinal stenosis are not limited to the back. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Symptoms vary depending on the location of the stenosis and which nerves are affected. The Truth About Spinal Stenosis: Causes Symptoms And Treatments Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. You may also be able to show your spinal stenosis is service-related via a secondary service connection. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. VA Disability Benefits for Sciatica and Similar Nerve Conditions Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. As you can see, ROM measurements play a significant role in rating spinal conditions. Lumbar IVDS accounts for 62% of all disc disease. To provide even more value to our veterans, this page is only available with an All-Access Membership. This information is made available for educational purposes only and to provide general information and a general understanding of the law. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. The amount of base compensation veterans receive . 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. Want to know if you qu. 14K 1,344 9. However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. Over time, you will attend additional annual exams at an area SCI Center. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. 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. 4.30 Convalescent ratings. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Your spinal stenosis may cause or contribute to other medical conditions, as well. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006.