Feel free to call us at (866) 232-5777 anytime. To provide even more value to our veterans, this page is only available with an All-Access Membership. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Secondary service connection occurs when a service-connected disability causes another disability. You may not notice at the onset, but the pain will evolve slowly over time. As the foramen close in, it can lead to those nerves becoming pinched. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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). Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. The New Rating System for Back and Neck Spinal Disability - Lawyer This can sometimes be difficult to establish. 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. For example, if rheumatoid arthritis of the spine results in pain with motion, the condition will be rated according to the criteria set forth in 5003 as described above. Cervical Spine Conditions - Entitlement Eligibility Guidelines This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. It may also cause bladder and bowel issues. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). Muscle guarding occurs when muscles react to prevent pain or discomfort. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. 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. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. As you can see, ROM measurements play a significant role in rating spinal conditions. This is known as secondary service connection. Call 800-544-9144 today for a free case evaluation or contact us here. The same veteran with a 100% disability rating would receive $3,106.04. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. If a doctor doesnt use a goniometer to measure your ROM, In addition to the ROM measurements, the general rating criteria for spinal involves whether the cervical and/or thoracolumbar spine is frozen in a favorable vs. unfavorable position. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. 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. What is the diagnostic code for traumatic arthritis? VA Disability Benefits for Sciatica and Similar Nerve Conditions 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. Over time, you will attend additional annual exams at an area SCI Center. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Spinal Stenosis & Qualifying for Social Security Disability Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. They may also be used to keep track of what [products, video, links, etc.] A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. AVVO 10/10 Superb Rating, BBB A+ Rated. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. 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. 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. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Updated: August 3, 2020. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. VA Ratings For Spinal Arthritis & Back Pain. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. A 40% VA Rating for the Lumbar Spine - YouTube You may be owed compensation. Case Info Step 2. 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. How to Appeal a Denied Veterans Disability Claim Also, the VA requires that all ROM measurements be taken with a goniometer. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. All information these cookies collect is aggregated and therefore anonymous. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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 . Some joints are referred to as major joints, while others are referred to as minor joints. 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? Spine Condition Ratings. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. I was hoping someone could point me in the right direction with spinal issues and VA ratings. 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. Can I Get a Higher VA Rating for a Back Disability? In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. How the Blue Book Can Help with Spinal Stenosis SSD Claim Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans Berry Law gets Veterans the disability compensation they earned. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Williamsburg, VA 23185. General VA Disability Compensation Benefits Claims Forums . 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). These mistakes cost veterans at least $5.9 million in payments over the period studied. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Disability benefits are paid for service-connected disabilities. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. VA Disability For Back Impairments - The Veterans Law Office Some joints are referred to as major joints, while others are referred to as minor joints. Most of the time, spinal stenosis occurs in the lower back and the neck. These cookies collect information about how you use our website. Spinal stenosis - Symptoms and causes - Mayo Clinic VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. The technical storage or access that is used exclusively for anonymous statistical purposes. 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. 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). 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. These cookies dont collect information that identifies you. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. Forever Grateful, [K.S.]. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Rather, they are added using VA math. ). 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: Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. The information you obtain on this website is not, nor is it intended to be, legal advice. 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. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. . Your spinal stenosis may cause or contribute to other medical conditions, as well. This makes sense because a spine frozen in an unfavorable position would place the greatest stress on the body and have the greatest impact on the veterans ability to work. It may result in a higher rating, and therefore a greater monthly disability compensation amount. Please register to post comments. 14K 1,344 9. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. have the greatest impact on the veterans ability to work. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection.
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