Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Also, the VA requires that all ROM measurements be taken with a goniometer. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Federal Register :: Schedule for Rating Disabilities; The Spine Questions for those familiar with spinal issues and ratings Disclaimer: This information is not legal advice. 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 . So, spinal disabilities focus on the lack of mobility or range of motion. 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. Spinal stenosis is a form of degenerative disc disease. 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. You may also qualify for a 100% rating if your back injury renders you unemployable. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. The VA routinely mishandles spinal injury claims. Causes can include herniated or bulging spinal discs. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . What Happens If You Don't Treat Spinal Stenosis? So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. Do You Have Long-Term Disability Insurance Coverage? This information is made available for educational purposes only and to provide general information and a general understanding of the law. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 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. 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. An unfavorable position means that the spine is frozen in a position other than the natural upright position. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the 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. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. For example, the specific code for degenerative arthritis of the spine is 5242. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Spinal stenosis is most commonly experienced in the neck and lower part of the back. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. Forever Grateful, [K.S.]. 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. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. VA.gov Home | Veterans Affairs Please register to post comments. Phone: (757) 220-4529. VA Disability Rating for Neck Pain | The Tuley Law Office For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. 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. 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. After recovery, the VA will re-evaluate their condition. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Do you have a low back (lumbar) injury related to your military service? 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. 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. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. We get emails all the time asking if certain health problems qualify for benefits. We advocate for the disabled. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. Herniated Discs. 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. It will also help if someone else in your division remembers what happened. Both upper (cervical) and . The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis Feel free to call us at (866) 232-5777 anytime. 20 percent disability rating: $327.99 per month. 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. VA Disability Ratings for Spinal Stenosis | CCK Law The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. 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. Learn How Veterans Can Get VA Benefits for Back Pain Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. The amount of base compensation veterans receive . Our goal is to help all fellow Veterans get the disability benefits they deserve. 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. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. You may be owed compensation. Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. When you visit web sites, they may store or retrieve data in your web browser. 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. 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. 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. 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). An unfavorable position means your spine is locked in a position that is something other than vertical. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. An. 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. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. The SSA has a specific disability listing for lumbar stenosis. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. 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. We consistently provide experienced, compassionate and ethical representation to our clients. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. This data may be used to help optimize our websites and make them easier for you to navigate. 203, San Jose, CA 95134 Registration is FREE of charge! In some cases, the VA may help veterans get surgery to treat spinal stenosis. You may be eligible for VA disability benefits if you meet both of these requirements. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Radiculopathy | Johns Hopkins Medicine . Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. This opinion will be most favorable when it comes to establishing service connection. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 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 This can sometimes be difficult to establish. 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. When symptoms are present, they usually start gradually and worsen over time. Have you been affected by Camp Lejeune water contamination? Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. All information these cookies collect is aggregated and therefore anonymous. means your spine is locked in a position that is something other than vertical. Is spinal stenosis a disability? Explained by Sharing Culture In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Free Disability Evaluation: Step 1. The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. VA Disability Rating for Spinal Stenosis Depends on Range of Motion 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. you may be able to get a higher rating due to incapacitating episodes. A favorable position means the ROM measurement for flexion or extension is 0 degrees. I suffer from many health issues due to the trauma that happened to me in 1980. 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. ATTORNEY FOR THE . That is, they get it wrong more than half the time. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. Berry Law gets Veterans the disability compensation they earned. 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. Without these cookies, services you have asked for cannot be provided. How to Appeal a Denied Veterans Disability Claim VA Disability Benefits for Sciatica and Similar Nerve Conditions So, they compensate them for the disability on a secondary basis. 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. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. The New Rating System for Back and Neck Spinal Disability - Lawyer 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). which may qualify you for a higher rating. Intervertebral Disc Syndrome (IVDS) and VA Disability You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to secondary service-connection for the new or aggravated disability. Spinal Stenosis: Practice Essentials, Anatomy, Pathophysiology - Medscape VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Many people only think about their medical issues when applying for Social Security disability. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . VA Disability For Back Pain // Appeals, Claims, Denials - Vet Updated: August 3, 2020. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. THE ISSUE. These mistakes cost veterans at least $5.9 million in payments over the period studied. The diagnostic code for traumatic arthritis is 5010. 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. Contact Berry Law today if you need assistance appealing your VA decision. Rather, they are added using VA math. 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. This metric is used in calculating your VA disability rating. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. 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. Spinal stenosis is a form of degenerative disc disease. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Later you develop a spinal stenosis in your neck (cervical) area. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake.