Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 In most cases, the medical listing will be insufficient. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Department of Veterans Affairs Regional Office in New York, New York. 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. One of the most common conditions secondary to spinal conditions is radiculopathy. yet assertive representation for our clients. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. 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. There are two types of spinal stenosis treatment: surgical and non-surgical. 4.71a Schedule of ratings - musculoskeletal system. However, Veterans can also receive disability compensation on a secondary basis. In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. 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. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Rheumatoid arthritis is rated under its own rating system. A fair VA disability rating for spinal stenosis can be difficult to obtain. I want to thank Woods & Woods for not letting me give up. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. To provide even more value to our veterans, this page is only available with an All-Access Membership. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 VA Ratings For Spinal Arthritis & Back Pain. Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Entire thoracolumbar spine is frozen in an unfavorable position. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. Lack of cartilage causes pain and limitation of motion. 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. That is, they get it wrong more than half the time. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. 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. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Do You Have Long-Term Disability Insurance Coverage? The disability rating is the highest rating produced by the rating tables. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. But it can also be a result of a spinal injury. 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 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. 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 . 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. This can sometimes be difficult to establish. Want to know if you qu. A 2019 Inspector General report found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. have the greatest impact on the veterans ability to work. 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. You may not notice at the onset, but the pain will evolve slowly over time. 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. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Most of the time, spinal stenosis occurs in the lower back and the neck. 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. You could be entitled to $3,627 per month! Spine Condition Ratings. 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. The diagnostic code for traumatic arthritis is 5010. The VA routinely mishandles spinal injury claims. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. The VA has a separate rating system for these conditions. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. These cookies do not store any personal information. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. Call 512-454-4000 for help today. It will also help if someone else in your division remembers what happened. Contacting us does not create an attorney-client relationship. 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. Confidential or time-sensitive information should not be sent through this form. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 20% Spinal Stenosis VA 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. Williamsburg, VA 23185. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. Contact Berry Law today if you need assistance appealing your VA decision. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Please register to post comments. Hill & Ponton P.A. An unfavorable position means that the spine is frozen in a position other than the natural upright position. 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 amount of base compensation veterans receive . 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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). Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. 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 . Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. 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. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. The sum of all these degree measurements together is called the ROM (range of motion) measurement. It may also cause bladder and bowel issues. These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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). Va rating of 60%. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Contacting us does not create an attorney-client relationship. When you visit web sites, they may store or retrieve data in your web browser. Copy this embed code to share the infographic on your own site. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience.
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