Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Spinal stenosis is a form of degenerative disc disease. This metric is used in calculating your VA disability rating. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Disability benefits are paid for service-connected disabilities. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Did you receive a VA disability compensation rating of 40%? Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. 203, San Jose, CA 95134 If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 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. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Typically, this would be established by medical records from your time in the military showing that your condition worsened. To provide even more value to our veterans, this page is only available with an All-Access Membership. 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. The VA routinely mishandles spinal injury claims. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. 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. Disclaimer: This information is not legal advice. 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 . 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 of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. Feel free to call us at (866) 232-5777 anytime. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Please complete this form to send us your message. 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. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Our goal is to help all fellow Veterans get the disability benefits they deserve. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. 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. It may also cause bladder and bowel issues. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. 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. 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. 10 percent disability rating: $165.92 per month. 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. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. 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. If your condition meets the listing criteria, it will automatically be considered a disability. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. 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. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 20 percent disability rating: $327.99 per month. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Lack of cartilage causes pain and limitation of motion. 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. 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. This can sometimes be difficult to establish. An unfavorable position means your spine is locked in a position that is something other than vertical. REPRESENTATION. Later you develop a spinal stenosis in your neck (cervical) area. An. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. 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. . This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Canes range from $25 to $100 and walkers can be more than $200. 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. Confidential or time-sensitive information should not be sent through this form. A fair VA disability rating for spinal stenosis can be difficult to obtain. WITNESS AT HEARING ON APPEAL. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. Spinal stenosis is a disorder that affects your back. 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. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. 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%. 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. Pocket Card . Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. These cookies are necessary for the website to function and cannot be switched off in our systems. 100% VA disability rating for spinal cancer. We advocate for the disabled. 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%. Contacting us does not create an attorney-client relationship. How to Appeal a Denied Veterans Disability Claim Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. A favorable position means that the spine is frozen at the baseline position or 0% flexion. QUALIFYING STATEMENTS . Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. Back braces or corsets are $200 or more. 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. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. 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. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. 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. Causes can include herniated or bulging spinal discs. This means that the effects of spinal stenosis are not limited to the back. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. AVVO 10/10 Superb Rating, BBB A+ Rated. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. The VA will use a series of diagnostic codes for areas of the spine. 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). Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 You may not notice at the onset, but the pain will evolve slowly over time. Spinal conditions can cause nerve problems as well. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! This narrowing can be caused by physical injury or degeneration of the spine. Over time, you will attend additional annual exams at an area SCI Center. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Our firm was founded in 1986 in Orlando, Florida. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. 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. Contact Us Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. 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. Rheumatoid arthritis is rated under its own rating system. Contact Berry Law today if you need assistance appealing your VA decision. Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. This can severely affect your movement and eventually takes a toll on your ability to move. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Since that time, we have provided compassionate Muscle guarding occurs when muscles react to prevent pain or discomfort. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. In fact, occasionally, the back pain associated with spinal stenosis may be dwarfed by the nerve pain experienced in the legs, feet, arms, and hands. 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 yet assertive representation for our clients. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. 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 your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Other back impairments have a maximum schedular rating of 60 percent or lower. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. . Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. People with spinal conditions also often change how they walk to, 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, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. means your spine is locked in a position that is something other than vertical. When your medical disability occurred during your service, it is almost always presumed to be service-connected. Fax: (757) 220-9451. A very common impairment caused by this nerve compression is sciatica. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Entire cervical spine is frozen in an unfavorable position. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. We consistently provide experienced, compassionate and ethical representation to our clients. I have my transportation now. Spinal stenosis is most commonly experienced in the neck and lower part of the back. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Over time, you will attend additional annual exams at an area SCI Center. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). They fought hard for me and got me more than I ever could dream of. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. 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. I served during peace timein theArmy. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Phone: (757) 220-4529. Do you have a low back (lumbar) injury related to your military service? Does Spinal Stenosis Qualify for Disability Benefits? 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. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Both upper (cervical) and . 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. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. You must have a positive imaging test (MRI, . Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Unfavorable means any position that is not 0 degrees in flexion or extension. Appellant represented by: Disabled American Veterans. If you do not allow these cookies, you will experience less targeted advertising. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. The disability rating may be even lower depending on the segment of the spine that is frozen. All rights reserved. Spine Condition Ratings. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. The rating will largely depend on whether you have lost range of motion as a result of stenosis. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. San Jose, CA: 2880 Zanker Road, Ste. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. 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. Contacting us does not create an attorney-client relationship. In most cases, the medical listing will be insufficient. Already working with us? These complications of stenosis are called. 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. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. It will also help if someone else in your division remembers what happened. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Ratings will fall between 0% and 100% disability. Yes, but you should talk to a VA Disability law attorney first. 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 condition is not severe enough to meet the above criteria, then the VA rating for back pain / arthritis will be based on specific symptoms. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. 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. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. You can talk these problems over with your physician, as well. The same veteran with a 100% disability rating would receive $3,106.04. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Some joints are referred to as major joints, while others are referred to as minor joints. The SSA has a specific disability listing for lumbar stenosis. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Camp Lejeune Lawsuit. There are two types of spinal stenosis treatment: surgical and non-surgical. The spine is considered as a minor joint. Without these cookies, services you have asked for cannot be provided. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression)