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Fax: (757) 220-9451. If there is painful motion, a 10% rating will be assigned. Extraschedular VA Disability Ratings Back braces or corsets are $200 or more. Use our VA disability calculator to estimate your. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. For instance, which pages you go to most. Experienced Social Security Disability Lawyer. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 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. The diagnostic code for traumatic arthritis is 5010. The VA has a separate rating system for these conditions. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Also, the VA requires that all ROM measurements be taken with a goniometer. Muscle guarding occurs when muscles react to prevent pain or discomfort. Yes, but you should talk to a VA Disability law attorney first. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. 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. If the arthritis does not cause any episodes of incapacitation, but 2 or more joint groups are involved, then a 10% rating will be assigned. These cookies are necessary for the website to function and cannot be switched off in our systems. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. means your spine is locked in a position that is something other than vertical. Yes No 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. For example, if rheumatoid arthritis of the spine results in pain with motion, the condition will be rated according to the criteria set forth in 5003 as described above. have the greatest impact on the veterans ability to work. 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. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Does Spinal Stenosis Qualify for Disability Benefits? Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. 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. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. 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. Spinal stenosis is a form of degenerative disc disease. Spinal stenosis is a form of degenerative disc disease. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. Williamsburg, VA 23185. 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. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. Entire thoracolumbar spine is frozen in an unfavorable position. Rather, they are added using VA math. When your medical disability occurred during your service, it is almost always presumed to be service-connected. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. 10 percent disability rating: $165.92 per month. 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. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Your spinal stenosis may cause or contribute to other medical conditions, as well. 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. Under the VA regulations, you may request an extra-schedular rating for your disability. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. WITNESS AT HEARING ON APPEAL. 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. This information is not a substitute for legal advice. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . We advocate for the disabled. The ratings range from 10% to 60%. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority. A TDIU is an award of increased compensation. 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. You may not notice at the onset, but the pain will evolve slowly over time. 4.30 Convalescent ratings. Call 800-544-9144 today for a free case evaluation or contact us here. 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. If you do not allow these cookies, you will experience less targeted advertising. Appellant represented by: Disabled American Veterans. Lumbar IVDS accounts for 62% of all disc disease. However, these secondary service-connected disabilities are not cumulative. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. If you have multiple disability ratings, we use them to calculate . Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. 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. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. The technical storage or access that is used exclusively for anonymous statistical purposes. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. When pursuing a VA disability rating for back pain, its important to know your options. You could be entitled to $3,627 per month! 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 Contacting us does not create an attorney-client relationship. It may result in a higher rating, and therefore a greater monthly disability compensation amount. Muscle spasms are involuntary contractions or extensions of muscles. Disclaimer: This information is not legal advice. 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? A very common impairment caused by this nerve compression is sciatica. This opinion will be most favorable when it comes to establishing service connection. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Spinal stenosis Mental health disorders, such as depression and anxiety And more. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. I served during peace timein theArmy. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. 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). Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. Please register to post comments. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc.