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. What Is Foraminal Stenosis And Can I Qualify For Benefits? Disability benefits are paid for service-connected disabilities. 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. Unfavorable means any position that is not 0 degrees in flexion or extension. Their testimony can mean the difference between an approval or a denial of your case. That is, they get it wrong more than half the time. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Disability Benefits For Spinal Stenosis - Gillette Law Group An unfavorable position means that the spine is frozen in a position other than the natural upright position. Copy this embed code to share the infographic on your own site. Its never too late to apply for VA benefits. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. How the VA Rates Spinal Stenosis in Florida? When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The spine is considered as a minor joint. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. To provide even more value to our veterans, this page is only available with an All-Access Membership. 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. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. For example, a car accident or other trauma such as a back injury caused by service, can dislocate or fracture vertebrae, which could lead to spinal stenosis. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Your spinal stenosis may cause or contribute to other medical conditions, as well. 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. Mayo Clinic notes that there are two different types of spinal stenosis: While occasionally a person suffering from spinal stenosis will show zero symptoms, often Veterans seeking VA disability compensation for spinal stenosis will display one or more of the following symptoms: Cervical Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, problems walking, neck pain, and bowel/bladder dysfunction. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. The VA assigns rating percentages based on the frequency of incapacitating episodes. Your call is always free, and we wont charge you until after we have won your case. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. ATTORNEY FOR THE . document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? 20% Spinal Stenosis VA Rating I was hoping someone could point me in the right direction with spinal issues and VA ratings. 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. Lack of cartilage causes pain and limitation of motion. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 5238 Spinal stenosis - Veterans Benefits Network Disclaimer: This information is not legal advice. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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). 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. Va rating of 60%. Is spinal stenosis a disability? Explained by Sharing Culture Contact Berry Law today if you need assistance appealing your VA decision. Disability Benefits for Spinal Stenosis | Nolo It may result in a higher rating, and therefore a greater monthly disability compensation amount. A fair VA disability rating for spinal stenosis can be difficult to obtain. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. 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. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. An. The ratings range from 10% to 60%. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. Appellant represented by: Disabled American Veterans. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. You may be eligible for VA disability benefits if you meet both of these requirements. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. . Feel free to call us at (866) 232-5777 anytime. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Over time, you will attend additional annual exams at an area SCI Center. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. The sum of all these degree measurements together is called the ROM (range of motion) measurement. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Spinal stenosis - Symptoms and causes - Mayo Clinic Forever Grateful, [K.S.]. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. I suffer from many health issues due to the trauma that happened to me in 1980. As you can see, ROM measurements play a significant role in rating spinal conditions. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities 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. 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. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. Does Spinal Stenosis Qualify for Disability Benefits? How the Blue Book Can Help with Spinal Stenosis SSD Claim A very common impairment caused by this nerve compression is sciatica. 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. Rather, they are added using VA math. For example, PTSD can lead to sleep apnea. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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 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. About VA disability ratings. A 40% VA Rating for the Lumbar Spine - YouTube Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Under the VA regulations, you may request an extra-schedular rating for your disability. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. 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. 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. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. Spondylolisthesis and Spondylolysis - Entitlement Eligibility