30 percent disability rating: $508.05 per month. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? Spinal conditions can cause nerve problems as well. Lack of cartilage causes pain and limitation of motion. Were You Denied VA Disability Benefits for Spinal Stenosis? 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. To find out more, view our Privacy Policy. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Secondary service connection occurs when a service-connected disability causes another disability. You could be entitled to $3,627 per month! which may qualify you for a higher rating. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 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. We advocate for the disabled. 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. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Errors are frequently made when rating conditions. Errors are frequently made when rating conditions. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. 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. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. yet assertive representation for our clients. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: If you were denied VA disability benefits for spinal stenosis, Chisholm Chisholm & Kilpatrick LTD may be able to help you through the appeals process. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . 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. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. As you can see, ROM measurements play a significant role in rating spinal conditions. Your spinal stenosis may cause or contribute to other medical conditions, as well. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. 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. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. You may also qualify for a 100% rating if your back injury renders you unemployable. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Use our VA disability calculator to estimate your. Over time, you will attend additional annual exams at an area SCI Center. All rights reserved. This opinion will be most favorable when it comes to establishing service connection. This information is not a substitute for legal advice. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. 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. 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. 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. Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Contact Info Is applicant currently receiving Social Security benefits? These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. Our doctors know how service-connected disabilities work, so they know what to look for in your file. 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. A favorable position means that the spine is frozen at the baseline position or 0% flexion. 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 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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. Cookies help us deliver the best experience on our website. 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 can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. You may be eligible for VA disability benefits if you meet both of these requirements. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Do you have a low back (lumbar) injury related to your military service? 20 percent disability rating: $327.99 per month. Department of Veterans Affairs Regional Office in New York, New York. For example, the specific code for degenerative arthritis of the spine is 5242. Appellant represented by: Disabled American Veterans. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Their testimony can mean the difference between an approval or a denial of your case. 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. Full eligibility requirements However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Without these cookies, services you have asked for cannot be provided. 14K 1,344 9. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. We use cookies to optimize our website and our service. 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. A fair VA disability rating for spinal stenosis can be difficult to obtain. 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. Experienced Social Security Disability Lawyer. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. It will also help if someone else in your division remembers what happened. 4.30 Convalescent ratings. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Fill out the short form below to contact us. Want to know if you qu. Updated: August 3, 2020. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. means your spine is locked in a position that is something other than vertical. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Extraschedular VA Disability Ratings 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 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. We are sorry that this post was not as useful for you! Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Va rating of 60%. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. 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. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. Did you receive a VA disability compensation rating of 40%? Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 10 percent disability rating: $165.92 per month. 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. If there is painful motion, a 10% rating will be assigned. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. The ratings range from 10% to 60%.

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