document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Less frequently, stenosis can occur in the upper back (thoracic). 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. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Causes can include herniated or bulging spinal discs. 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. Symptoms vary depending on the location of the stenosis and which nerves are affected. Pocket Card . . These cookies are necessary for the website to function and cannot be switched off in our systems. 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. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. 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 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. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. The VA assigns rating percentages based on the frequency of incapacitating episodes. We use cookies to ensure that we give you the best experience on our website. have the greatest impact on the veterans ability to work. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Department of Veterans Affairs Regional Office in New York, New York. 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. Not necessarily, but its worth looking at your C-File to see if you had spinal stenosis during your service and it was incorrectly diagnosed. 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. Does Spinal Stenosis Qualify for Disability Benefits? When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. THE ISSUE. Were You Denied VA Disability Benefits for Spinal Stenosis? Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. 20 percent disability rating: $327.99 per month. If you do not allow these cookies, you will experience less targeted advertising. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. The ratings range from 10% to 60%. Some joints are referred to as major joints, while others are referred to as minor joints. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Use our VA disability calculator to estimate your. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 The amount of base compensation veterans receive . Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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 . Typically, this would be established by medical records from your time in the military showing that your condition worsened. Its never too late to apply for VA benefits. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to secondary service-connection for the new or aggravated disability. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. I suffer from many health issues due to the trauma that happened to me in 1980. 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. Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. Muscle spasms are involuntary contractions or extensions of muscles. General VA Disability Compensation Benefits Claims Forums . The latter two will show whether soft tissue may be impinging or invading the spinal cord area. It will also help if someone else in your division remembers what happened. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 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. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . Our goal is to help all fellow Veterans get the disability benefits they deserve. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. The disabilities we propose to add are: spinal stenosis (a narrowing of the central spinal canal that causes pressure on the spinal cord and/or nerve roots, most commonly due to degenerative arthritis or degenerative disc disease) (diagnostic code 5238), spondylolisthesis or segmental instability (slipping of all or part of one vertebra forward . Spinal stenosis Mental health disorders, such as depression and anxiety And more. Want to know if you qu. As you can see, ROM measurements play a significant role in rating spinal conditions. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. we represent clients nationwide. Va rating of 60%. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. 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. This can sometimes be difficult to establish. 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. Neck muscle injuries. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. 203, San Jose, CA 95134 I have my transportation now. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). If there is painful motion, a 10% rating will be assigned. 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. See Entitlement Considerations, Section B of this . REPRESENTATION. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Disability benefits are paid for service-connected disabilities. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. I bought a home. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. 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. Contacting us does not create an attorney-client relationship. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. All information these cookies collect is aggregated and therefore anonymous. 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. 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. This opinion will be most favorable when it comes to establishing service connection. 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. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. It will also help if someone else in your division remembers what happened. VA Disability Ratings for Back Pain and Spinal Arthritis. 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. 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. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension.