. 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. Some joints are referred to as major joints, while others are referred to as minor joints. Secondary service connection occurs when a service-connected disability causes another disability. Fax: (757) 220-9451. An unfavorable position means that the spine is frozen in a position other than the natural upright position. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Feel free to call us at (866) 232-5777 anytime. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that theres a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Other back impairments have a maximum schedular rating of 60 percent or lower. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. 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. Yes, but you should talk to a VA Disability law attorney first. It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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 . Also, the VA requires that all ROM measurements be taken with a goniometer. 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. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. A fair VA disability rating for spinal stenosis can be difficult to obtain. 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. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. you may be able to get a higher rating due to incapacitating episodes. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 These cookies do not store any personal information. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Please call for an appointment before visiting: Mail Processing Center: P.O. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Contacting us does not create an attorney-client relationship. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. 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 . NOTE: Entitlement of a spinal condition includes spinal stenosis. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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. Spinal stenosis Mental health disorders, such as depression and anxiety And more. 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. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. As you can see, ROM measurements play a significant role in rating spinal conditions. So, they compensate them for the disability on a secondary basis. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, contact us today. 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. 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%. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low 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 total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Do you have a low back (lumbar) injury related to your military service? Your call is always free, and we wont charge you until after we have won your case. 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. However, these secondary service-connected disabilities are not cumulative. It will also help if someone else in your division remembers what happened. 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. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. This field is for validation purposes and should be left unchanged. Hill & Ponton P.A. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. 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. It is rated under another diagnostic group. If you do not allow these cookies, you will experience less targeted advertising. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Later you develop a spinal stenosis in your neck (cervical) area. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. The diagnostic code for rheumatoid arthritis is 5002. There are two types of spinal stenosis treatment: surgical and non-surgical. This website adheres to the W3Cs AA Accessibility guidelines. I bought a home. 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. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. we represent clients nationwide. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be separately rated unless both are frozen in an unfavorable position. 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. THE ISSUE. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. 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. Causes can include herniated or bulging spinal discs. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. This field is for validation purposes and should be left unchanged. We use cookies to ensure that we give you the best experience on our website. They fought hard for me and got me more than I ever could dream of. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Trouble walking, and loss of bowel or bladder control may also result. 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 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. Williamsburg, VA 23185. Symptoms vary depending on the location of the stenosis and which nerves are affected. Spinal stenosis is a disorder that affects your back. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Disclaimer: This information is not legal advice. 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. If your condition meets the listing criteria, it will automatically be considered a disability. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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 rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. 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 . 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%. General VA Disability Compensation Benefits Claims Forums . Spinal stenosis is a form of degenerative disc disease. 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. VA Disability Claims List: What Conditions Can Veterans Claim? These secondary conditions would be rated separately from the underlying spinal condition. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. The VA has a separate rating system for these conditions. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The amount of base compensation veterans receive . Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Function: Postural support of body; extension and lateral movements of spine. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Muscle spasms are involuntary contractions or extensions of muscles. These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. The VA routinely mishandles spinal injury claims. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Registration is FREE of charge! Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. We are sorry that this post was not as useful for you! It may result in a higher rating, and therefore a greater monthly disability compensation amount. Muscle guarding occurs when muscles react to prevent pain or discomfort. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." . Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Get Directions. 203, San Jose, CA 95134 This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. This is known as secondary service connection. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Many people only think about their medical issues when applying for Social Security disability. Over time, you will attend additional annual exams at an area SCI Center. Our firm was founded in 1986 in Orlando, Florida. WITNESS AT HEARING ON APPEAL. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. ATTORNEY FOR THE . This opinion will be most favorable when it comes to establishing service connection. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Spinal stenosis is a form of degenerative disc disease. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Spinal stenosis can cause symptoms throughout the body. 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. Lumbar Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, pain or cramping in your legs when you walk, and back pain. 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. One of the most common conditions secondary to spinal conditions is radiculopathy. For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. 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. Full eligibility requirements 100% VA disability rating for spinal cancer. Appellant represented by: Disabled American Veterans. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. It may also cause bladder and bowel issues. 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.