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AVVO 10/10 Superb Rating, BBB A+ Rated. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Background In 2017, 4.5 million veterans with medical conditions or injuries that occurred or worsened during active-duty service received disability compensation from the Department of Veterans Affairs (VA). Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. 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. We consistently provide experienced, compassionate and ethical representation to our clients. you viewed to avoid repetition. 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. Their testimony can mean the difference between an approval or a denial of your case. We use cookies to optimize our website and our service. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Registration is FREE of charge! Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. The VA will use a series of diagnostic codes for areas of the spine. Your spinal stenosis may cause or contribute to other medical conditions, as well. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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%. The technical storage or access that is used exclusively for statistical purposes. Some joints are referred to as major joints, while others are referred to as minor joints. Contact Info Is applicant currently receiving Social Security benefits? 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. 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. This opinion will be most favorable when it comes to establishing service connection. 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). When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. Feel free to call us at (866) 232-5777 anytime. Spinal stenosis is most commonly experienced in the neck and lower part of the back. These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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, contact us today. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. yet assertive representation for our clients. These are periods of acute pain severe enough for a doctor to proscribe bed rest. We get emails all the time asking if certain health problems qualify for benefits. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. It may also cause bladder and bowel issues. Many people only think about their medical issues when applying for Social Security disability. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. VA Disability Claims List: What Conditions Can Veterans Claim? 4.30 Convalescent ratings. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Spinal discs act as cushions between your vertebrae. 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. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Errors are frequently made when rating conditions. This communication with the firm or any member of the firm does not establish an attorney-client relationship. The disabilities we propose to add are: spinal stenosis (a narrowing of the central spinal canal that causes pressure on the spinal cord and/or nerve roots, most commonly due to degenerative arthritis or degenerative disc disease) (diagnostic code 5238), spondylolisthesis or segmental instability (slipping of all or part of one vertebra forward . You may be owed compensation. To facilitate this process, the VA has created a ratings table. Back braces or corsets are $200 or more. These cookies are essential so that you can move around the website and use its features. That is, they get it wrong more than half the time. Full eligibility requirements As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. The spine is considered as a minor joint. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Herniated Discs. You must have a positive imaging test (MRI, . All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. 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. If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 When the nerves are compressed, electrical signals passing along those nerves can become disrupted. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. Contacting us does not create an attorney-client relationship. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 You may not notice at the onset, but the pain will evolve slowly over time. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. 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. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. The diagnostic code for traumatic arthritis is 5010. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. This guide will break down how the VA rates back pain and spinal disabilities, so you can take the first steps toward making a claim. This is particularly true because nerve pain in the extremities can severely impact your earning ability. ATTORNEY FOR THE . Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). 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. These cookies do not store any personal information. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. 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? These cookies dont collect information that identifies you. These types of lawyers have experience dealing with the laws and rules that govern the VA and may have ideas and suggestions for increasing or challenging your VA disability rating. 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. The disability rating may be even lower depending on the segment of the spine that is frozen. QUALIFYING STATEMENTS . Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. 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. 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. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. Please complete this form to send us your message. We assign you a disability rating based on the severity of your service-connected condition. Contacting us does not create an attorney-client relationship. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. Muscle spasms are involuntary contractions or extensions of muscles. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." 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. How to Appeal a Denied Veterans Disability Claim An unfavorable position means your spine is locked in a position that is something other than vertical. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. We have updated our Privacy Policy. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. 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. About VA disability ratings. Spinal conditions can cause nerve problems as well. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. This data may be used to help optimize our websites and make them easier for you to navigate. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Without these cookies, services you have asked for cannot be provided. If you have multiple disability ratings, we use them to calculate . Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. It results in chronic pain, numbness, and weakness in your body. The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. NOTE: Entitlement of a spinal condition includes spinal stenosis. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Vertebral fractures and dislocations (diagnostic code 5235). It will also help if someone else in your division remembers what happened. If you continue to use this site we will assume that you are happy with it. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). You may be eligible for VA disability benefits if you meet both of these requirements. Va rating of 60%. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. The information you obtain on this website is not, nor is it intended to be, legal advice. This can severely affect your movement and eventually takes a toll on your ability to move. You should consult an attorney for advice regarding your individual situation. 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. This field is for validation purposes and should be left unchanged. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. 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. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. means your spine is locked in a position that is something other than vertical. This will effectively increase your VA disability rating. 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. Did you receive a VA disability compensation rating of 40%? Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Causes can include herniated or bulging spinal discs. When your medical disability occurred during your service, it is almost always presumed to be service-connected. Want to know if you qu. What is the diagnostic code for traumatic arthritis? The sum of all these degree measurements together is called the ROM (range of motion) measurement. A fair VA disability rating for spinal stenosis can be difficult to obtain. Phone: (757) 220-4529. Entire cervical spine is frozen in an unfavorable position. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. 100% VA disability rating for spinal cancer. The VA assigns rating percentages based on the frequency of incapacitating episodes. 30 percent disability rating: $508.05 per month. 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. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. By continuing to use our website, you agree to these updates. Yes No One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Not necessarily, but its worth looking at your C-File to see if you had spinal stenosis during your service and it was incorrectly diagnosed. 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. 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. Ratings will fall between 0% and 100% disability. 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. Both upper (cervical) and . While we still have our home base in Florida, 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? 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). Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. I was hoping someone could point me in the right direction with spinal issues and VA ratings. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Contact Berry Law today if you need assistance appealing your VA decision. Forever Grateful, [K.S.]. Were You Denied VA Disability Benefits for Spinal Stenosis? Function: Postural support of body; extension and lateral movements of spine. Under the VA regulations, you may request an extra-schedular rating for your disability. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. 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 . Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. When these lateral nerve roots become compressed, it can disrupt the signals passing from your brain and spinal column out through the nerve roots to your arms, legs, and other parts of your body a condition called, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. I bought a home. If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. You may also qualify for a 100% rating if your back injury renders you unemployable. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 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. I want to thank Woods & Woods for not letting me give up. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 When symptoms are present, they usually start gradually and worsen over time. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. 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. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. 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. Our firm was founded in 1986 in Orlando, Florida. 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. According to Mayo Clinic, a nonprofit academic medical center, spinal stenosis is a narrowing of the space where the nerves run through your spine, causing pain by putting extra pressure on these spinal nerves. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Whether it manifests itself in your back or through nerve pain throughout your extremities, a VA attorney can help you to obtain the medical examination and collect the records to support your VA disability claim. 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. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. 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. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. This can sometimes be difficult to establish. Entire thoracolumbar spine is frozen in an unfavorable position. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating.