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4.71a Schedule of ratings - musculoskeletal system. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. These secondary conditions would be rated separately from the underlying spinal condition. 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. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. 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. An. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. One of the most common conditions secondary to spinal conditions is radiculopathy. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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 . These cookies allow the website to remember choices you make to give you better functionality and personal features. Most of the time, spinal stenosis occurs in the lower back and the neck. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. 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. 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. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Some joints are referred to as major joints, while others are referred to as minor joints. Please complete this form to send us your message. Contacting us does not create an attorney-client relationship. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis Let's talk about your VA disability benefits. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. Hill & Ponton P.A. How to Win Your Disability Claim for Degenerative Disc Disease Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. This opinion will be most favorable when it comes to establishing service connection. How to Appeal a Denied Veterans Disability Claim Did you receive a VA disability compensation rating of 40%? 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Learn more about us, Veterans Disability Claim For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. A fair VA disability rating for spinal stenosis can be difficult to obtain. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Schedule an MRI consultation today! ). I was hoping someone could point me in the right direction with spinal issues and VA ratings. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Entitlement to a rating in excess of 20 percent for chronic low back Your call is always free, and we wont charge you until after we have won your case. In some cases, the VA may help veterans get surgery to treat spinal stenosis. THE ISSUE. This website adheres to the W3Cs AA Accessibility guidelines. Cervical Spine Conditions - Entitlement Eligibility Guidelines In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. 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. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) VA.gov Home | Veterans Affairs document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. 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. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. 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. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Lack of cartilage causes pain and limitation of motion. Forever Grateful, [K.S.]. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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 . Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. Fill out the short form below to contact us. Additional medical appliances may be required. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. The New Rating System for Back and Neck Spinal Disability - Lawyer The spine is considered as a minor joint. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 By continuing to use our website, you agree to these updates. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. A 40% VA Rating for the Lumbar Spine - YouTube I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 The VA has a separate rating system for these conditions. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 How the Blue Book Can Help with Spinal Stenosis SSD Claim For example, if you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation. 1.00 Musculoskeletal Disorders - Adult - Social Security Administration Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Whether it manifests itself in your back or through nerve pain throughout your extremities, a VA attorney can help you to obtain the medical examination and collect the records to support your VA disability claim. VA Disability For Back Impairments - The Veterans Law Office So, if a Veteran has service connection for PTSD and later develops sleep apnea, they can argue that the sleep apnea was caused by their PTSD. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Disability Benefits for Spinal Stenosis | Nolo Questions for those familiar with spinal issues and ratings VA Disability Rating for Degenerative Disc Disease Explained (The Contacting us does not create an attorney-client relationship. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 There are two types of spinal stenosis treatment: surgical and non-surgical. The Truth About Spinal Stenosis: Causes Symptoms And Treatments The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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%. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Can I Get a Higher VA Rating for a Back Disability? The latter two will show whether soft tissue may be impinging or invading the spinal cord area. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. Do You Qualify for Long Term Disability Benefits? However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Cookies help us deliver the best experience on our website. Do you have a low back (lumbar) injury related to your military service? We use cookies to ensure that we give you the best experience on our website. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. We get emails all the time asking if certain health problems qualify for benefits. But it can also be a result of a spinal injury. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Does Spinal Stenosis Qualify for Disability Benefits? The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. Since that time, we have provided compassionate 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). When pursuing a VA disability rating for back pain, its important to know your options. Confidential or time-sensitive information should not be sent through this form. We use cookies to optimize our website and our service. Intervertebral Disc Syndrome (IVDS) and VA Disability Department of Veterans Affairs Regional Office in New York, New York. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 To provide even more value to our veterans, this page is only available with an All-Access Membership. 4.30 Convalescent ratings. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. It is rated under another diagnostic group. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 3 Tiers of Sciatica VA Disability Ratings and How To Apply 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. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Secondary service connection occurs when a service-connected disability causes another disability. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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). According to Mayo Clinic, a nonprofit academic medical center, spinal stenosis is a narrowing of the space where the nerves run through your spine, causing pain by putting extra pressure on these spinal nerves. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Also, the VA requires that all ROM measurements be taken with a goniometer. 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). This field is for validation purposes and should be left unchanged. NOTE: Entitlement of a spinal condition includes spinal stenosis. 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. have the greatest impact on the veterans ability to work. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Disclaimer: This information is not legal advice. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm How to Qualify for Disability Benefits With Spondylosis 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. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. As the foramen close in, it can lead to those nerves becoming pinched. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Spinal Stenosis & Qualifying for Social Security Disability Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw The VA routinely mishandles spinal injury claims. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. We consistently provide experienced, compassionate and ethical representation to our clients. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. 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. Rheumatoid arthritis is rated under its own rating system. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. You may be eligible for VA disability benefits if you meet both of these requirements. Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. Feel free to call us at (866) 232-5777 anytime. 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. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Case Info Step 2. 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). Free Disability Evaluation: Step 1. VA Disability Ratings for Back Pain and Spinal Arthritis 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.