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. VA Ratings For Spinal Arthritis & Back Pain. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. We invite you to contact us and welcome your calls, letters and electronic mail. I want to thank Woods & Woods for not letting me give up. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. you may be able to get a higher rating due to incapacitating episodes. These cookies may be set through our website by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 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. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). The SSA has a specific disability listing for lumbar stenosis. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. 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. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Call 800-544-9144 today for a free case evaluation or contact us here. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. That is, they get it wrong more than half the time. 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. Updated: August 3, 2020. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. What is the diagnostic code for traumatic arthritis? We advocate for the disabled. These cookies collect information about how you use our website. Canes range from $25 to $100 and walkers can be more than $200. have the greatest impact on the veterans ability to work. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. The information you obtain on this website is not, nor is it intended to be, legal advice. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Full eligibility requirements As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. The spine is considered as a minor joint. 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. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Appellant. 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. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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 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. If there is painful motion, a 10% rating will be assigned. However, these secondary service-connected disabilities are not cumulative. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. This can severely affect your movement and eventually takes a toll on your ability to move. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Later you develop a spinal stenosis in your neck (cervical) area. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 This communication with the firm or any member of the firm does not establish an attorney-client relationship. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. 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. . This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. 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. QUALIFYING STATEMENTS . 20% Spinal Stenosis VA Rating When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. Spinal discs act as cushions between your vertebrae. It results in chronic pain, numbness, and weakness in your body. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. 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. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. They fought hard for me and got me more than I ever could dream of. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. 20 percent disability rating: $327.99 per month. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. Department of Veterans Affairs Regional Office in New York, New York. 30 percent disability rating: $508.05 per month. This field is for validation purposes and should be left unchanged. 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. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. Your spinal stenosis may cause or contribute to other medical conditions, as well. Many people only think about their medical issues when applying for Social Security disability. 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. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Please register to post comments. 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. 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 there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. Since that time, we have provided compassionate Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. 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. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. THE ISSUE. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Yes, you can. In most cases, the medical listing will be insufficient. The VA routinely mishandles spinal injury claims. Use our VA disability calculator to estimate your combined VA rating and monthly payment. You may also qualify for a 100% rating if your back injury renders you unemployable. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. You could be entitled to $3,627 per month! Errors are frequently made when rating conditions. Spinal stenosis Mental health disorders, such as depression and anxiety And more. 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. This metric is used in calculating your VA disability rating. 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. This means that the effects of spinal stenosis are not limited to the back. 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. You may also be able to show your spinal stenosis is service-related via a secondary service connection. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Call 512-454-4000 for help today. Some joints are referred to as major joints, while others are referred to as minor joints. Use our VA disability calculator to estimate your. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. 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. 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. 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 The VA has a separate rating system for these conditions. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. This is particularly true because nerve pain in the extremities can severely impact your earning ability. This narrowing can be caused by physical injury or degeneration of the spine. If you do not allow these cookies, you will experience less targeted advertising. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Vertebral fractures and dislocations (diagnostic code 5235). Hill & Ponton P.A. . 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Pocket Card . have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. Va rating of 60%. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. NOTE: Entitlement of a spinal condition includes spinal stenosis. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. 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. Forever Grateful, [K.S.]. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. We assign you a disability rating based on the severity of your service-connected condition. You may be eligible for VA disability benefits if you meet both of these requirements. You may also qualify for a 100% rating if your back injury renders you. Your call is always free, and we wont charge you until after we have won your case. Secondary service connection occurs when a service-connected disability causes another 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. 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). So, spinal disabilities focus on the lack of mobility or range of motion. These cookies allow the website to remember choices you make to give you better functionality and personal features. Phone: (757) 220-4529. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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. Over time, you will attend additional annual exams at an area SCI Center. If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. Over time, you will attend additional annual exams at an area SCI Center. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. General VA Disability Compensation Benefits Claims Forums . Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. For example, if you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation. Thank you so much Woods & Woods. 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. When pursuing a VA disability rating for back pain, its important to know your options. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. yet assertive representation for our clients. This is known as secondary service connection. Under the VA regulations, you may request an extra-schedular rating for your disability. We are sorry that this post was not as useful for you! In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). This information is made available for educational purposes only and to provide general information and a general understanding of the law. VA physicians will measure your range of motion in six places, using a goniometer. We use cookies to optimize our website and our service. 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. 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.