This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. By continuing to use our website, you agree to these updates. I have my transportation now. The information you obtain on this website is not, nor is it intended to be, legal advice. 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 are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. If you have multiple disability ratings, we use them to calculate . Is Spinal Stenosis A Permanent Disability | Disability Help How to Qualify for Disability Benefits With Spondylosis 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. For example, if your spinal stenosis is caused by a bulging disc, herniated disc, or other degenerative disc condition, you may get a better rating for intervertebral disc syndrome (IVDS). Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. 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. This narrowing can be caused by physical injury or degeneration of the spine. You may also be able to show your spinal stenosis is service-related via a secondary service connection. While we still have our home base in Florida, QUALIFYING STATEMENTS . The New Rating System for Back and Neck Spinal Disability - Lawyer Please register to post comments. 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. Agent Orange exposure and VA disability compensation Spinal Stenosis & Qualifying for Social Security Disability 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. These cookies may be set through our website by our advertising partners. 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. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. These are periods of acute pain severe enough for a doctor to proscribe bed rest. 3 Tiers of Sciatica VA Disability Ratings and How To Apply Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Extraschedular VA Disability Ratings 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. 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. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). An unfavorable position means your spine is locked in a position that is something other than vertical. This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Vertebral fractures and dislocations (diagnostic code 5235). Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Entire spine is frozen in an unfavorable position. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. If you experienced a back injury during active duty, or an injury that later contributed to back pain, you may be eligible for disability benefits. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Schedule an MRI consultation today! All information these cookies collect is aggregated and therefore anonymous. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Yes No Does applicant expect to be out of work for at least 12 months? Let's talk about your VA disability benefits. 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. Yes, but you should talk to a VA Disability law attorney first. The amount of base compensation veterans receive . As you can see, ROM measurements play a significant role in rating spinal conditions. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. You may also qualify for a 100% rating if your back injury renders you unemployable. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. 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. It results in chronic pain, numbness, and weakness in your body. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. These cookies are essential so that you can move around the website and use its features. When pursuing a VA disability rating for back pain, its important to know your options. Spinal stenosis is a disorder that affects your back. Also, the VA requires that all ROM measurements be taken with a goniometer. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. 10 percent disability rating: $165.92 per month. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. To facilitate this process, the VA has created a ratings table. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. It is rated under another diagnostic group. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). 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. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. After recovery, the VA will re-evaluate their condition. 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. Conversely, when the lumbar spine (the lower section of the back) is affected, symptoms may cause pain and nerve sensations in the back, legs, and feet. I was injured in Iraq on Nov 19 ,2007, I filed my claims when I got home from Iraq, the V/A called me yesterday and told me that I got a 60% rating for. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. This can sometimes be difficult to establish. 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). Less frequently, stenosis can occur in the upper back (thoracic). Learn more about us, Veterans Disability Claim Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs Registration is FREE of charge! we represent clients nationwide. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities 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. 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. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full This is known as secondary service connection. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. VA Disability Benefits for Sciatica and Similar Nerve Conditions VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. 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. We advocate for the disabled. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. VA Ratings For Spinal Arthritis & Back Pain. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Disability benefits are paid for service-connected disabilities. These cookies dont collect information that identifies you. 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. This metric is used in calculating your VA disability rating. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. This website adheres to the W3Cs AA Accessibility guidelines. you may be able to get a higher rating due to incapacitating episodes. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 100% VA disability rating for spinal cancer. A favorable position means the ROM measurement for flexion or extension is 0 degrees. 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) Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. 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 Va rating of 60% | Physical Evaluation Board Forum Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. 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 . Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. VA Disability Ratings for Back Pain and Spinal Arthritis 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. means your spine is locked in a position that is something other than vertical. In most cases, the medical listing will be insufficient. Contacting us does not create an attorney-client relationship. Appellant represented by: Disabled American Veterans. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Spine Condition Ratings Military Disability Made Easy To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) 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. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Both upper (cervical) and . The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. What Is Foraminal Stenosis And Can I Qualify For Benefits? We get emails all the time asking if certain health problems qualify for benefits. Fax: (757) 220-9451. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. For instance, which pages you go to most. The same veteran with a 100% disability rating would receive $3,106.04. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. 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. This communication with the firm or any member of the firm does not establish an attorney-client relationship. For example, PTSD can lead to sleep apnea. How to Appeal a Denied Veterans Disability Claim Does Spinal Stenosis Qualify for Disability Benefits? The sum of all these degree measurements together is called the ROM (range of motion) measurement. Do You Qualify for Long Term Disability Benefits? 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. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Our doctors know how service-connected disabilities work, so they know what to look for in your file. All rights reserved. Federal Register :: Schedule for Rating Disabilities; The Spine Va rating of 60%. You should know that it's impossible to get disability benefits if you aren't . The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. AVVO 10/10 Superb Rating, BBB A+ Rated.
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