The spine is considered as a minor joint. Appellant. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. This metric is used in calculating your VA disability rating. 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. 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 . .. Jan 17, 2012 #2. Spinal discs act as cushions between your vertebrae. These cookies collect information about how you use our website. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Lumbar Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, pain or cramping in your legs when you walk, and back pain. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. 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. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. I was hoping someone could point me in the right direction with spinal issues and VA ratings. So, they compensate them for the disability on a secondary basis. 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. 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. VA Disability Ratings for Back Pain and Spinal Arthritis. 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 . Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. These cookies are necessary for the website to function and cannot be switched off in our systems. Pocket Card . VA Disability Claims List: What Conditions Can Veterans Claim? This information is not a substitute for legal advice. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. It results in chronic pain, numbness, and weakness in your body. There are two types of spinal stenosis treatment: surgical and non-surgical. This is particularly true because nerve pain in the extremities can severely impact your earning ability. yet assertive representation for our clients. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Extraschedular VA Disability Ratings That is, they get it wrong more than half the time. Did you receive a VA disability compensation rating of 40%? Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . AVVO 10/10 Superb Rating, BBB A+ Rated. By continuing to use our website, you agree to these updates. 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. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. A very common impairment caused by this nerve compression is sciatica. Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to secondary service-connection for the new or aggravated disability. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. 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. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. The diagnostic code for rheumatoid arthritis is 5002. 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. Copy this embed code to share the infographic on your own site. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. To find out more, view our Privacy Policy. Causes can include herniated or bulging spinal discs. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). It may result in a higher rating, and therefore a greater monthly disability compensation amount. Va rating of 60%. WITNESS AT HEARING ON APPEAL. Spinal stenosis Mental health disorders, such as depression and anxiety And more. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. 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. Fax: (757) 220-9451. The VA assigns rating percentages based on the frequency of incapacitating episodes. The spine is considered as a minor joint. Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. Disclaimer: This information is not legal advice. Less frequently, stenosis can occur in the upper back (thoracic). Have you been affected by Camp Lejeune water contamination? When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. They may also be used to keep track of what [products, video, links, etc.] 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Ratings will fall between 0% and 100% disability. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Most of the time, spinal stenosis occurs in the lower back and the neck. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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. Additional medical appliances may be required. You should know that it's impossible to get disability benefits if you aren't . 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. 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. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. We invite you to contact us and welcome your calls, letters and electronic mail. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). The rating will largely depend on whether you have lost range of motion as a result of stenosis. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Schedule an MRI consultation today! The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. 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. 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Confidential or time-sensitive information should not be sent through this form. have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? 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. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Hill & Ponton P.A. Our firm was founded in 1986 in Orlando, Florida. Also, the VA requires that all ROM measurements be taken with a goniometer. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. All rights reserved. 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. Cookies help us deliver the best experience on our website. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Thank you so much Woods & Woods. 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. An unfavorable position means that the spine is frozen in a position other than the natural upright position. This is known as secondary service connection. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. 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. We use cookies to ensure that we give you the best experience on our website. Herniated Discs. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Your spinal stenosis may cause or contribute to other medical conditions, as well. You may be owed compensation. How to Appeal a Denied Veterans Disability Claim However, these secondary service-connected disabilities are not cumulative. 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.
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