The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. To provide even more value to our veterans, this page is only available with an All-Access Membership. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. When your medical disability occurred during your service, it is almost always presumed to be service-connected. 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. When pursuing a VA disability rating for back pain, its important to know your options. The disability rating is the highest rating produced by the rating tables. 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. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. 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. 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. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. While we still have our home base in Florida, These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. For example, the specific code for degenerative arthritis of the spine is 5242. . VA.gov Home | Veterans Affairs Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Did you receive a VA disability compensation rating of 40%? 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. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. We consistently provide experienced, compassionate and ethical representation to our clients. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 means your spine is locked in a position that is something other than vertical. Spinal stenosis is a disorder that affects your back. Evidence of diagnosis of your spinal stenosis while you were in the military; Information about an occurrence or an incident that occurred while you were serving led to the injury or aggravation of this injury; Medical nexus a medical description that connects the diagnosed stenosis with the particular occurrence that is said to lead to it. 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. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. 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. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities If these conservative options dont get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. Herniated Discs. 3 Tiers of Sciatica VA Disability Ratings and How To Apply 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. 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. Let's talk about your VA disability benefits. This metric is used in calculating your VA disability rating. 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). Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. It will also help if someone else in your division remembers what happened. This makes sense because a spine frozen in an unfavorable position would place the greatest stress on the body and have the greatest impact on the veterans ability to work. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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. Vertebral fractures and dislocations (diagnostic code 5235). This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 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. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. We invite you to contact us and welcome your calls, letters and electronic mail. Spinal stenosis can cause symptoms throughout the body. VA Disability Ratings for Back Pain and Spinal Arthritis. Contacting us does not create an attorney-client relationship. 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. This field is for validation purposes and should be left unchanged. 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. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Symptoms vary depending on the location of the stenosis and which nerves are affected. When symptoms are present, they usually start gradually and worsen over time. So, they compensate them for the disability on a secondary basis. Is Cervical Spinal Stenosis A Disability? - Ortiz Law Firm For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. Function: Postural support of body; extension and lateral movements of spine. The VA assigns rating percentages based on the frequency of incapacitating episodes. Spinal stenosis is a form of degenerative disc disease. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices If there is painful motion, a 10% rating will be assigned. How to Appeal a Denied Veterans Disability Claim If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. What Is Foraminal Stenosis And Can I Qualify For Benefits? Some joints are referred to as major joints, while others are referred to as minor joints. Disability Benefits For Spinal Stenosis - Gillette Law Group Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Spinal Stenosis & Qualifying for Social Security Disability Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Our firm was founded in 1986 in Orlando, Florida. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Yes No The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. This can severely affect your movement and eventually takes a toll on your ability to move. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Disclaimer: This information is not legal advice. A very common impairment caused by this nerve compression is sciatica. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. An unfavorable position means that the spine is frozen in a position other than the natural upright position. You may also qualify for a 100% rating if your back injury renders you unemployable. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. 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. For example, the specific code for degenerative arthritis of the spine is 5242. 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. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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%. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). The same veteran with a 100% disability rating would receive $3,106.04. NOTE: Entitlement of a spinal condition includes spinal stenosis. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Is spinal stenosis a disability? Explained by Sharing Culture You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Spine Condition Ratings. Experienced Social Security Disability Lawyer. 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) A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. You can talk these problems over with your physician, as well. Fill out the short form below to contact us. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Hill & Ponton P.A. These cookies are essential so that you can move around the website and use its features. PDF VA/DoD Clinical Practice Guideline for Diagnosis and Treatment of Low Typically, this would be established by medical records from your time in the military showing that your condition worsened.