Phone: (757) 220-4529. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. How to Appeal a Denied Veterans Disability Claim The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. One of the most common conditions secondary to spinal conditions is radiculopathy. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. If a doctor doesnt use a goniometer to measure your ROM, 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. Please register to post comments. 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. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) Its never too late to apply for VA benefits. By using our website, you agree to the use of certain cookies. 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. We consistently provide experienced, compassionate and ethical representation to our clients. 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). I suffer from many health issues due to the trauma that happened to me in 1980. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. 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. 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. For example, PTSD can lead to sleep apnea. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Errors are frequently made when rating conditions. 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. means your spine is locked in a position that is something other than vertical. 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. To facilitate this process, the VA has created a ratings table. You could be entitled to $3,627 per month! Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Muscle spasms are involuntary contractions or extensions of muscles. 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. 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. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. NOTE: Entitlement of a spinal condition includes spinal stenosis. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. This field is for validation purposes and should be left unchanged. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. 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. 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. Do You Have Long-Term Disability Insurance Coverage? Spinal stenosis is a form of degenerative disc disease. An unfavorable position means your spine is locked in a position that is something other than vertical. It may result in a higher rating, and therefore a greater monthly disability compensation amount. This narrowing can be caused by physical injury or degeneration of the spine. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Did you receive a VA disability compensation rating of 40%? The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Contact Berry Law today if you need assistance appealing your VA decision. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. ). Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. Your call is always free, and we wont charge you until after we have won your case. I served during peace timein theArmy. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Contacting us does not create an attorney-client relationship. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. . For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. This disruption can cause strange sensations and loss of muscle control in the affected areas. The technical storage or access that is used exclusively for anonymous statistical purposes. 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. It is rated under another diagnostic group. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. That is, they get it wrong more than half the time. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. It will also help if someone else in your division remembers what happened. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. While we still have our home base in Florida, 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. Ratings will fall between 0% and 100% disability. 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. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. 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. Spinal stenosis Mental health disorders, such as depression and anxiety And more. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. About VA disability ratings. 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. For example, the specific code for degenerative arthritis of the spine is 5242. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 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. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. 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. Spine Condition Ratings. Please call for an appointment before visiting: Mail Processing Center: P.O. . Full eligibility requirements An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. VA Ratings For Spinal Arthritis & Back Pain. This means that the effects of spinal stenosis are not limited to the back. The technical storage or access that is used exclusively for statistical purposes. Rheumatoid arthritis is rated under its own rating system. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. What is the diagnostic code for traumatic arthritis? If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Spinal stenosis is a form of degenerative disc disease. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. The same veteran with a 100% disability rating would receive $3,106.04. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? If you are concerned that your VA disability percentage for spinal stenosis fails to account for the extent of your disability, you may wish to speak to a VA benefits lawyer. Schedule an MRI consultation today!