spinal stenosis va disability ratingspinal stenosis va disability rating
Cookies help us deliver the best experience on our website. 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. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Contacting us does not create an attorney-client relationship. 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. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Confidential or time-sensitive information should not be sent through this form. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Schedule an MRI consultation today! When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. VA Disability Ratings for Back Pain and Spinal Arthritis. So, they compensate them for the disability on a secondary basis. As you can see, ROM measurements play a significant role in rating spinal conditions. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Without these cookies, services you have asked for cannot be provided. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. . 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? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Spinal stenosis can make it tricky to obtain a fair VA disability rating. We use cookies to optimize our website and our service. 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. 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. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. 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 . 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. Lack of cartilage causes pain and limitation of motion. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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). Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. See Entitlement Considerations, Section B of this . 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 It is rated under another diagnostic group. Va rating of 60% | Physical Evaluation Board Forum There are two types of spinal stenosis treatment: surgical and non-surgical. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. . This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. These cookies collect information about how you use our website. Muscle spasms are involuntary contractions or extensions of muscles. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. SPINAL CORD STIMULATION - Veterans Benefits Network 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. 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) Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 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. Experienced Social Security Disability Lawyer. 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. Errors are frequently made when rating conditions. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The disability rating may be even lower depending on the segment of the spine that is frozen. Causes can include herniated or bulging spinal discs. When your medical disability occurred during your service, it is almost always presumed to be service-connected. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. 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%. VA Disability Ratings for Degenerative Disc Disease (DDD) We use cookies to ensure that we give you the best experience on our website. Ratings will fall between 0% and 100% disability. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. They may also be used to keep track of what [products, video, links, etc.] If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. Is Spinal Stenosis A Permanent Disability | Disability Help This opinion will be most favorable when it comes to establishing service connection. 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. Many people only think about their medical issues when applying for Social Security disability. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 So, spinal disabilities focus on the lack of mobility or range of motion. Va rating of 60%. Contact Us 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). Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. 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. 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. 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. Your call is always free, and we wont charge you until after we have won your case. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. A 40% VA Rating for the Lumbar Spine - YouTube Some joints are referred to as major joints, while others are referred to as minor joints. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Disclaimer: This information is not legal advice. 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. ATTORNEY FOR THE . Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. Department of Veterans Affairs Regional Office in New York, New York. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 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. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Spinal Stenosis & Qualifying for Social Security Disability Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. This can sometimes be difficult to establish. This field is for validation purposes and should be left unchanged. 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. You can talk these problems over with your physician, as well. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Intervertebral Disc Syndrome (IVDS) and VA Disability For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute 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. These cookies are essential so that you can move around the website and use its features. 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. 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, the specific code for degenerative arthritis of the spine is 5242. Our firm was founded in 1986 in Orlando, Florida. Full eligibility requirements This data may be used to help optimize our websites and make them easier for you to navigate. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. 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. Appellant represented by: Disabled American Veterans. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. We consistently provide experienced, compassionate and ethical representation to our clients. Yes No Does applicant expect to be out of work for at least 12 months? Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 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) After recovery, the VA will re-evaluate their condition. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. 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. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Our doctors know how service-connected disabilities work, so they know what to look for in your file. Use our VA disability calculator to estimate your. Some joints are referred to as major joints, while others are referred to as minor joints. Free Disability Evaluation: Step 1. 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. To provide even more value to our veterans, this page is only available with an All-Access Membership. Your spinal stenosis may cause or contribute to other medical conditions, as well. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Spinal Stenosis Disability Claim Attorney | Filing for Disability These secondary conditions would be rated separately from the underlying spinal condition. 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. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. Spinal stenosis Mental health disorders, such as depression and anxiety And more. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . 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. They fought hard for me and got me more than I ever could dream of. The amount of base compensation veterans receive . How the Blue Book Can Help with Spinal Stenosis SSD Claim The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. 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. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. You should consult an attorney for advice regarding your individual situation. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Thank you so much Woods & Woods. I have my transportation now. These cookies may be set through our website by our advertising partners. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. We assign you a disability rating based on the severity of your service-connected condition. Yes No The VA will use a series of diagnostic codes for areas of the spine. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. yet assertive representation for our clients. These complications of stenosis are called. The information you obtain on this website is not, nor is it intended to be, legal advice. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. As the foramen close in, it can lead to those nerves becoming pinched. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Neck Conditions: How To Get VA Disability - The Veterans Law Office This means that the effects of spinal stenosis are not limited to the back. 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. 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 foraminal stenosis, which can cause radiculopathy. Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs 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. 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. Agent Orange exposure and VA disability compensation Typically, this would be established by medical records from your time in the military showing that your condition worsened. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. I want to thank Woods & Woods for not letting me give up.
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