Federal Register :: Schedule for Rating Disabilities; The Spine Ratings will fall between 0% and 100% disability. You may not notice at the onset, but the pain will evolve slowly over time. If you have multiple disability ratings, we use them to calculate . Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. 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. What Is Foraminal Stenosis And Can I Qualify For Benefits? Yes, but you should talk to a VA Disability law attorney first. You may also qualify for a 100% rating if your back injury renders you. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. The information you obtain on this website is not, nor is it intended to be, legal advice. which may qualify you for a higher rating. The technical storage or access that is used exclusively for anonymous statistical purposes. 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. We assign you a disability rating based on the severity of your service-connected condition. 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. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. For example, PTSD can lead to sleep apnea. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Our firm was founded in 1986 in Orlando, Florida. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Spinal Stenosis & Qualifying for Social Security Disability Veterans & Spinal Stenosis Disability Rating 888.878.9350 Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. The diagnostic code for traumatic arthritis is 5010. We consistently provide experienced, compassionate and ethical representation to our clients. 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. If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. To find out more, view our Privacy Policy. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. How to Qualify for Disability Benefits With Spondylosis 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. Disability benefits are paid for service-connected disabilities. The sum of all these degree measurements together is called the ROM (range of motion) measurement. The VA assigns rating percentages based on the frequency of incapacitating episodes. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. 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 Ratings For Spinal Arthritis & Back Pain. 20% Spinal Stenosis VA Rating Lack of cartilage causes pain and limitation of motion. How the Blue Book Can Help with Spinal Stenosis SSD Claim If the spine is frozen in a favorable position, the disability rating may be capped at 40%. After recovery, the VA will re-evaluate their condition. 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. 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. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. This metric is used in calculating your VA disability rating. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. Learn How Veterans Can Get VA Benefits for Back Pain Pocket Card . Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. 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 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 . 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. For example, the specific code for degenerative arthritis of the spine is 5242. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. You should know that it's impossible to get disability benefits if you aren't . Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. This opinion will be most favorable when it comes to establishing service connection. How the VA Rates Spinal Stenosis in Florida? 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. Spine Condition Ratings. Call 800-544-9144 today for a free case evaluation or contact us here. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm REPRESENTATION. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis VA Disability Ratings for Degenerative Disc Disease (DDD) These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Contact Us Fill out the short form below to contact us. 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. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Over time, you will attend additional annual exams at an area SCI Center. 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. 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. 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 Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Use our VA disability calculator to estimate your combined VA rating and monthly payment. The same veteran with a 100% disability rating would receive $3,106.04. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Spinal stenosis can make it tricky to obtain a fair VA disability rating. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Also, the VA requires that all ROM measurements be taken with a goniometer. Other back impairments have a maximum schedular rating of 60 percent or lower. 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. 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. This means that the effects of spinal stenosis are not limited to the back. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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. Most of the time, spinal stenosis occurs in the lower back and the neck. What is the diagnostic code for traumatic arthritis? Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. You may be owed compensation. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. A favorable position means that the spine is frozen at the baseline position or 0% flexion. VA Disability Rating for Degenerative Disc Disease Explained (The A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. 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. 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). Yes No Does applicant expect to be out of work for at least 12 months? You may also qualify for a 100% rating if your back injury renders you unemployable. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. 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. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Experienced Social Security Disability Lawyer. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices A TDIU is an award of increased compensation. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below 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. 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. Your spinal stenosis may cause or contribute to other medical conditions, as well. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. The New Rating System for Back and Neck Spinal Disability - Lawyer This can severely affect your movement and eventually takes a toll on your ability to move. 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. We are sorry that this post was not as useful for you! 14K 1,344 9. That is, they get it wrong more than half the time. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. All information these cookies collect is aggregated and therefore anonymous. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. The diagnostic code for rheumatoid arthritis is 5002. Unfavorable means any position that is not 0 degrees in flexion or extension. 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. Does Spinal Stenosis Qualify for Disability Benefits? Disability Benefits by Percentage Rating and Dependent Status (As of 2020). This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. 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. VA Disability For Back Impairments - The Veterans Law Office document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. We have updated our Privacy Policy. Spinal stenosis is a form of degenerative disc disease. 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. However, these secondary service-connected disabilities are not cumulative. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Spinal discs act as cushions between your vertebrae. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Yes No We get emails all the time asking if certain health problems qualify for benefits. Some joints are referred to as major joints, while others are referred to as minor joints. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. Less frequently, stenosis can occur in the upper back (thoracic). Can I Get a Higher VA Rating for a Back Disability? I want to thank Woods & Woods for not letting me give up. 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. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Muscle spasms are involuntary contractions or extensions of muscles. To continue receiving VA disability benefits, you should be compliant with these exams. 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. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. So, they compensate them for the disability on a secondary basis. These mistakes cost veterans at least $5.9 million in payments over the period studied. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. The Truth About Spinal Stenosis: Causes Symptoms And Treatments 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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%. While we still have our home base in Florida, It may result in a higher rating, and therefore a greater monthly disability compensation amount. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. When pursuing a VA disability rating for back pain, its important to know your options. 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 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. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. QUALIFYING STATEMENTS . Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. 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.
