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. Yes, but you should talk to a VA Disability law attorney first. Most of the time, spinal stenosis occurs in the lower back and the neck. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Neck muscle injuries. 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. For example, the specific code for degenerative arthritis of the spine is 5242. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . QUALIFYING STATEMENTS . Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Contacting us does not create an attorney-client relationship. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. They may also be used to keep track of what [products, video, links, etc.] Please register to post comments. 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. The technical storage or access that is used exclusively for anonymous statistical purposes. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. We use cookies to optimize our website and our service. This field is for validation purposes and should be left unchanged. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Unfavorable means any position that is not 0 degrees in flexion or extension. Did you receive a VA disability compensation rating of 40%? If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. These cookies collect information about how you use our website. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Updated: August 3, 2020. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. This can lead to a misdiagnosis of spinal stenosis. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. 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. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. We advocate for the disabled. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. 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 intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. We consistently provide experienced, compassionate and ethical representation to our clients. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Pocket Card . An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. It will also help if someone else in your division remembers what happened. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). To facilitate this process, the VA has created a ratings table. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Vertebral fractures and dislocations (diagnostic code 5235). As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. The amount of base compensation veterans receive . Ratings will fall between 0% and 100% disability. 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. REPRESENTATION. 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. Full eligibility requirements Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Both upper (cervical) and . However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Additional medical appliances may be required. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. This data may be used to help optimize our websites and make them easier for you to navigate. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. The VA assigns rating percentages based on the frequency of incapacitating episodes. Other back impairments have a maximum schedular rating of 60 percent or lower. In most cases, the medical listing will be insufficient. 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. 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). To continue receiving VA disability benefits, you should be compliant with these exams. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. 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. 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. 30 percent disability rating: $508.05 per month. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. 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. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. What is the diagnostic code for traumatic arthritis? yet assertive representation for our clients. Contacting us does not create an attorney-client relationship. 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. Case Info Step 2. Stenosis can occur in the spinal column itself, or it can occur within the intervertebral foramen, which are the passages through which your nerve roots branch out laterally through the spine. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. By using our website, you agree to the use of certain cookies. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. 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. 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. 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. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Experienced Social Security Disability Lawyer. A favorable position means the ROM measurement for flexion or extension is 0 degrees. 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 was hoping someone could point me in the right direction with spinal issues and VA ratings. This information is not a substitute for legal advice. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Cookies help us deliver the best experience on our website. The spine is considered as a minor joint. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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. 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 . 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. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. An unfavorable position means your spine is locked in a position that is something other than vertical. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 203, San Jose, CA 95134 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. Herniated Discs. Back braces or corsets are $200 or more. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 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. This will effectively increase your VA disability rating. Spinal conditions can cause nerve problems as well. 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 . The attorneys at Berry Law Firm are dedicated to helping injured Veterans. AVVO 10/10 Superb Rating, BBB A+ Rated. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Call 800-544-9144 today for a free case evaluation or contact us here. 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: With this in mind, its important to know which spinal conditions are not rated under the general rating formula. These complications of stenosis are called. Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 VA physicians will measure your range of motion in six places, using a goniometer.