. This narrowing can be caused by physical injury or degeneration of the spine. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Have you been affected by Camp Lejeune water contamination? 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 you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. By using our website, you agree to the use of certain cookies. The diagnostic code for traumatic arthritis is 5010. When your medical disability occurred during your service, it is almost always presumed to be service-connected. 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 A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . 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. 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. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Yes, you can. Updated: August 3, 2020. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. You must have a positive imaging test (MRI, . Fax: (757) 220-9451. To facilitate this process, the VA has created a ratings table. An. 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. About VA disability ratings. A very common impairment caused by this nerve compression is sciatica. We get emails all the time asking if certain health problems qualify for benefits. 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. 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. 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. REPRESENTATION. 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. The spine is considered as a minor joint. After recovery, the VA will re-evaluate their condition. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. As you can see, ROM measurements play a significant role in rating spinal conditions. Later you develop a spinal stenosis in your neck (cervical) area. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. 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). 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. 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. VA Disability Claims List: What Conditions Can Veterans Claim? For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. 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. We have updated our Privacy Policy. 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. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. Confidential or time-sensitive information should not be sent through this form. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. It is rated under another diagnostic group. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: 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 technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. 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. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. By continuing to use our website, you agree to these updates. For example, PTSD can lead to sleep apnea. Did you receive a VA disability compensation rating of 40%? Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. The information you obtain on this website is not, nor is it intended to be, legal advice. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. This means that the effects of spinal stenosis are not limited to the back. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Our firm was founded in 1986 in Orlando, Florida. Spinal stenosis is most commonly experienced in the neck and lower part of the back. 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. Case Info Step 2. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. These cookies are necessary for the website to function and cannot be switched off in our systems. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Use our VA disability calculator to estimate your. When you visit web sites, they may store or retrieve data in your web browser. It may also cause bladder and bowel issues. Contact Berry Law today if you need assistance appealing your VA decision. As the foramen close in, it can lead to those nerves becoming pinched. 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. 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. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. To continue receiving VA disability benefits, you should be compliant with these exams. Were You Denied VA Disability Benefits for Spinal Stenosis? The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Yes No It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. So, they compensate them for the disability on a secondary basis. It will also help if someone else in your division remembers what happened. Forever Grateful, [K.S.]. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. 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. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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). 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. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Already working with us? However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Yes, but you should talk to a VA Disability law attorney first. 20% Spinal Stenosis VA Rating Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. This is particularly true because nerve pain in the extremities can severely impact your earning ability. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. These measurements are taken while bending the neck and back forward and backward, tilting the neck and back from size to side, and rotating the neck and back to each side. Also, the VA requires that all ROM measurements be taken with a goniometer. These cookies do not store any personal information. Our goal is to help all fellow Veterans get the disability benefits they deserve. Lack of cartilage causes pain and limitation of motion. I bought a home. Lumbar spinal stenosis . For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. This will effectively increase your VA disability rating. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. This is known as secondary service connection. Under the VA regulations, you may request an extra-schedular rating for your disability. Many people only think about their medical issues when applying for Social Security disability. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. 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.
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