However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . Some joints are referred to as major joints, while others are referred to as minor joints. Also, the VA requires that all ROM measurements be taken with a goniometer. Less frequently, stenosis can occur in the upper back (thoracic). How to Appeal a Denied Veterans Disability Claim Veterans & Spinal Stenosis Disability Rating 888.878.9350 Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Neck muscle injuries. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. 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. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. The sum of all these degree measurements together is called the ROM (range of motion) measurement. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. 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. 4.30 Convalescent ratings. 5238 Spinal stenosis - Veterans Benefits Network This field is for validation purposes and should be left unchanged. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. VA Disability Claims List: What Conditions Can Veterans Claim? 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. AVVO 10/10 Superb Rating, BBB A+ Rated. This field is for validation purposes and should be left unchanged. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Your spinal stenosis may cause or contribute to other medical conditions, as well. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. The Truth About Spinal Stenosis: Causes Symptoms And Treatments This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. 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? To qualify for a 100% rating for stenosis, you would have to have severe ankylosis across your entire spine, locking your spine in an unfavorable condition, unless you have one or more severe secondary conditions. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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 left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). . When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. WITNESS AT HEARING ON APPEAL. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. These mistakes cost veterans at least $5.9 million in payments over the period studied. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. 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. Get Directions. These secondary conditions would be rated separately from the underlying spinal condition. Want to know if you qu. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. It will also help if someone else in your division remembers what happened. Intervertebral Disc Syndrome (IVDS) and VA Disability VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. 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. Since that time, we have provided compassionate Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. 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. 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. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Without these cookies, services you have asked for cannot be provided. 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. You may not notice at the onset, but the pain will evolve slowly over time. 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 So, they compensate them for the disability on a secondary basis. Did you receive a VA disability compensation rating of 40%? General VA Disability Compensation Benefits Claims Forums . you viewed to avoid repetition. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Spine Condition Ratings. Under the VA regulations, you may request an extra-schedular rating for your disability. They may also be used to keep track of what [products, video, links, etc.] People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. If you have multiple disability ratings, we use them to calculate . When your medical disability occurred during your service, it is almost always presumed to be service-connected. 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. VA.gov Home | Veterans Affairs 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. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. 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. Secondary service connection occurs when a service-connected disability causes another disability. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Muscle guarding occurs when muscles react to prevent pain or discomfort. Agent Orange exposure and VA disability compensation Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. The technical storage or access that is used exclusively for anonymous statistical purposes. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Have you been affected by Camp Lejeune water contamination? If there is painful motion, a 10% rating will be assigned. 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. SPINAL CORD STIMULATION - Veterans Benefits Network VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. 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. 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. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. 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. 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). All information these cookies collect is aggregated and therefore anonymous. Learn more about us, Veterans Disability Claim Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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 . Department of Veterans Affairs Regional Office in New York, New York. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. This opinion will be most favorable when it comes to establishing service connection. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. It is rated under another diagnostic group. It results in chronic pain, numbness, and weakness in your body. 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. 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. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Radiculopathy | Johns Hopkins Medicine Cervical Spine Conditions - Entitlement Eligibility Guidelines These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . I bought a home. The diagnostic code for rheumatoid arthritis is 5002. 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. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Spinal Stenosis & Qualifying for Social Security Disability In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. What Is Foraminal Stenosis And Can I Qualify For Benefits? This can lead to a misdiagnosis of spinal stenosis. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Use our VA disability calculator to estimate your. Schedule an MRI consultation today! Lumbar spinal stenosis . Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 To continue receiving VA disability benefits, you should be compliant with these exams. The diagnostic code for traumatic arthritis is 5010. 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. 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. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute This disruption can cause strange sensations and loss of muscle control in the affected areas. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Copy this embed code to share the infographic on your own site. Contacting us does not create an attorney-client relationship. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. The VA routinely mishandles spinal injury claims. Call 800-544-9144 today for a free case evaluation or contact us here. Some joints are referred to as major joints, while others are referred to as minor joints. These are periods of acute pain severe enough for a doctor to proscribe bed rest. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. 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). The spine is considered as a minor joint. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. 1.00 Musculoskeletal Disorders - Adult - Social Security Administration Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 These cookies are essential so that you can move around the website and use its features. That is, they get it wrong more than half the time. Rheumatoid arthritis is rated under its own rating system. 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. Additional medical appliances may be required. 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. We advocate for the disabled. We are sorry that this post was not as useful for you! 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. 203, San Jose, CA 95134 It may result in a higher rating, and therefore a greater monthly disability compensation amount. As the foramen close in, it can lead to those nerves becoming pinched. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. have the greatest impact on the veterans ability to work. Many people only think about their medical issues when applying for Social Security disability. Both upper (cervical) and . Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Already working with us? For instance, which pages you go to most. 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 metric is used in calculating your VA disability rating. Yes No Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis Find Out How To Qualify for Disability with Degenerative Disc Disease Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 10 percent disability rating: $165.92 per month. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. 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. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. The New Rating System for Back and Neck Spinal Disability - Lawyer The rating will largely depend on whether you have lost range of motion as a result of stenosis. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 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