spinal stenosis 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. 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. These cookies do not store any personal information. 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Questions for those familiar with spinal issues and ratings Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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%. 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. Free Disability Evaluation: Step 1. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The amount of base compensation veterans receive . Updated: August 3, 2020. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. We are sorry that this post was not as useful for you! Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Unfavorable means any position that is not 0 degrees in flexion or extension. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. Other back impairments have a maximum schedular rating of 60 percent or lower. 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. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage. An unfavorable position means your spine is locked in a position that is something other than vertical. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. REPRESENTATION. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Under the VA regulations, you may request an extra-schedular rating for your disability. 5238 Spinal stenosis - Veterans Benefits Network With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 The rating will largely depend on whether you have lost range of motion as a result of stenosis. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Lumbar IVDS accounts for 62% of all disc disease. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." A favorable position means that the spine is frozen at the baseline position or 0% flexion. As you can see, ROM measurements play a significant role in rating spinal conditions. VA Disability Ratings for Back Pain and Spinal Arthritis 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. 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. That is, they get it wrong more than half the time. 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. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Extraschedular VA Disability Ratings The VA has a separate rating system for these conditions. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Entitlement to a rating in excess of 20 percent for chronic low back 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. 100% VA disability rating for spinal cancer. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans A fair VA disability rating for spinal stenosis can be difficult to obtain. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. 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. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. VA Disability Ratings for Degenerative Disc Disease (DDD) Conversely, when the lumbar spine (the lower section of the back) is affected, symptoms may cause pain and nerve sensations in the back, legs, and feet. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Causes can include herniated or bulging spinal discs. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Since that time, we have provided compassionate You must have a positive imaging test (MRI, . These complications of stenosis are called. Lumbar spinal stenosis . Trouble walking, and loss of bowel or bladder control may also result. 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) These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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. VA physicians will measure your range of motion in six places, using a goniometer. 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Herniated Discs. 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. Find Out How To Qualify for Disability with Degenerative Disc Disease In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. 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? Disability Benefits by Percentage Rating and Dependent Status (As of 2020). These cookies collect information about how you use our website. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Please call for an appointment before visiting: Mail Processing Center: P.O. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Disability benefits are paid for service-connected disabilities. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Both upper (cervical) and . 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. This disruption can cause strange sensations and loss of muscle control in the affected areas. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. 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. Can I Get a Higher VA Rating for a Back Disability? 14K 1,344 9. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute Pocket Card . Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. However, these secondary service-connected disabilities are not cumulative. Experienced Social Security Disability Lawyer. Some joints are referred to as major joints, while others are referred to as minor joints. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. 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. Feel free to call us at (866) 232-5777 anytime. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. A 40% VA Rating for the Lumbar Spine - YouTube . When symptoms are present, they usually start gradually and worsen over time. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms.

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