In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Yes, but you should talk to a VA Disability law attorney first. Disclaimer: This information is not legal advice. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. A VA lawyer can run through all the scenarios with you for obtaining a fair VA disability rating that reflects the ways spinal stenosis affects you. 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%. 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. A TDIU is an award of increased compensation. 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. For example, PTSD can lead to sleep apnea. 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. You could be entitled to $3,627 per month! Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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. The spine is considered as a minor joint. Yes, you can. Neck muscle injuries. 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. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 THE ISSUE. We are sorry that this post was not as useful for you! This can sometimes be difficult to establish. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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. Copy this embed code to share the infographic on your own site. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. 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. 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). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . AVVO 10/10 Superb Rating, BBB A+ Rated. 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) 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. 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. Your Condition Must be Connected to Your Service to Obtain a VA Disability Rating Spinal Stenosis, When it occurs in the cervical spine (the neck and upper section of the back). The information you obtain on this website is not, nor is it intended to be, legal advice. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. This information is made available for educational purposes only and to provide general information and a general understanding of the law. These cookies are essential so that you can move around the website and use its features. So, they compensate them for the disability on a secondary basis. 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. We use cookies to ensure that we give you the best experience on our website. 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. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Case Info Step 2. yet assertive representation for our clients. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. The amount of base compensation veterans receive . To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. 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. 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). 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. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. These secondary conditions would be rated separately from the underlying spinal condition. Ratings will fall between 0% and 100% disability. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Please register to post comments. There are two types of spinal stenosis treatment: surgical and non-surgical. These mistakes cost veterans at least $5.9 million in payments over the period studied. They may also be used to keep track of what [products, video, links, etc.] Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Free Disability Evaluation: Step 1. Lumbar spinal stenosis . These cookies collect information about how you use our website. These complications of stenosis are called. The SSA has a specific disability listing for lumbar stenosis. Were You Denied VA Disability Benefits for Spinal Stenosis? Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Other back impairments have a maximum schedular rating of 60 percent or lower. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Full eligibility requirements Function: Postural support of body; extension and lateral movements of spine. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority. 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. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. You should consult an attorney for advice regarding your individual situation. Yes No 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. After recovery, the VA will re-evaluate their condition. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Muscle guarding occurs when muscles react to prevent pain or discomfort. Rheumatoid arthritis is rated under its own rating system. 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. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. you viewed to avoid repetition. 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. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. I have my transportation now. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. 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). 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. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Disability benefits are paid for service-connected disabilities. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. These are periods of acute pain severe enough for a doctor to proscribe bed rest. When symptoms are present, they usually start gradually and worsen over time. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. 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. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. 4.30 Convalescent ratings. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Also, the VA requires that all ROM measurements be taken with a goniometer. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. 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. Do You Qualify for Long Term Disability Benefits? It is rated under another diagnostic group. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. Cookies help us deliver the best experience on our website. Our goal is to help all fellow Veterans get the disability benefits they deserve. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. However, Veterans can also receive disability compensation on a secondary basis. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. This data may be used to help optimize our websites and make them easier for you to navigate. We assign you a disability rating based on the severity of your service-connected condition. Typically, this would be established by medical records from your time in the military showing that your condition worsened. An unfavorable position means your spine is locked in a position that is something other than vertical. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. 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. The ratings range from 10% to 60%. 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. 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. 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%. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Does Spinal Stenosis Qualify for Disability Benefits? Registration is FREE of charge! Lumbar IVDS accounts for 62% of all disc disease. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. 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. A fair VA disability rating for spinal stenosis can be difficult to obtain. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. 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. Back braces or corsets are $200 or more. Contacting us does not create an attorney-client relationship. The diagnostic code for traumatic arthritis is 5010. As you can see, ROM measurements play a significant role in rating spinal conditions. 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. 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. 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. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. 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 effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). 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. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Thank you so much Woods & Woods. The spine is considered as a minor joint. You must have a positive imaging test (MRI, . Hill & Ponton P.A. 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. This can severely affect your movement and eventually takes a toll on your ability to move. An. This information is not a substitute for legal advice. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 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. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). 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. Contacting us does not create an attorney-client relationship. The same veteran with a 100% disability rating would receive $3,106.04. We use cookies to optimize our website and our service. 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 disruption can cause strange sensations and loss of muscle control in the affected areas. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm.