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. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. Yes, you can. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. The SSA has a specific disability listing for lumbar stenosis. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 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 Entitlement to a rating in excess of 20 percent for chronic low back Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans For example, the specific code for degenerative arthritis of the spine is 5242. Disability Benefits For Spinal Stenosis - Gillette Law Group VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . VA Ratings For Spinal Arthritis & Back Pain. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Want to know if you qu. This metric is used in calculating your VA disability rating. 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. 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. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Please register to post comments. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . This narrowing can be caused by physical injury or degeneration of the spine. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Stenosis is most common in the cervical area (the neck) and the lower back (lumbar) area, with lumbar stenosis being the most common form of this condition. NOTE: Entitlement of a spinal condition includes spinal stenosis. VA Disability Ratings for Degenerative Disc Disease (DDD) Already working with us? In order to be granted a VA disability rating for spinal stenosis at 30%, you must meet either of these conditions: Unfavorable ankylosis of the entire cervical spine, or Favorable ankylosis of the entire cervical spine, where your spine is fixed in place but at a neutral position at 0 degrees. Please complete this form to send us your message. 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. Your Condition Must be Connected to Your Service to Obtain a VA Disability Rating Spinal Stenosis, When it occurs in the cervical spine (the neck and upper section of the back). Entire thoracolumbar spine is frozen in an unfavorable position. VA Disability Ratings for Back Pain and Spinal Arthritis In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. 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. 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. Yes No Does applicant expect to be out of work for at least 12 months? 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. If a doctor doesnt use a goniometer to measure your ROM, 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. Appellant represented by: Disabled American Veterans. The technical storage or access that is used exclusively for anonymous statistical purposes. How to Win Your Disability Claim for Degenerative Disc Disease Spondylolisthesis and Spondylolysis - Entitlement Eligibility 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. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Williamsburg, VA 23185. 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. Secondary service connection occurs when a service-connected disability causes another disability. You could be entitled to $3,627 per month! By continuing to use our website, you agree to these updates. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Extraschedular VA Disability Ratings As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Entire spine is frozen in an unfavorable position. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. 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. 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. Vertebral fractures and dislocations (diagnostic code 5235). Gulf War Illnesses linked to Southwest Asia service | Veterans Affairs VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law Can I Get a Higher VA Rating for a Back Disability? They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Do you have a low back (lumbar) injury related to your military service? 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. The Truth About Spinal Stenosis: Causes Symptoms And Treatments Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. The VA routinely mishandles spinal injury claims. Does Spinal Stenosis Qualify for Disability Benefits? Spinal stenosis can make it tricky to obtain a fair VA disability rating. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Department of Veterans Affairs Regional Office in New York, New York. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. VA Disability Ratings for Back Pain and Spinal Arthritis. Spinal discs act as cushions between your vertebrae. Questions for those familiar with spinal issues and ratings Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 .. Jan 17, 2012 #2. Degenerative arthritis of the spine, sometimes referred to as facet joint osteoarthritis, causes a breakdown of the cartilage between the facet joints in the back of the spine. They fought hard for me and got me more than I ever could dream of. The information you obtain on this website is not, nor is it intended to be, legal advice. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. All rights reserved. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Federal Register :: Schedule for Rating Disabilities; 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 . Is spinal stenosis a disability? Explained by Sharing Culture When you visit web sites, they may store or retrieve data in your web browser. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. About VA disability ratings. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. We advocate for the disabled. People with spinal conditions also often change how they walk to, 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, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . We get emails all the time asking if certain health problems qualify for benefits. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. You may also qualify for a 100% rating if your back injury renders you. Our firm was founded in 1986 in Orlando, Florida. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. The VA assigns rating percentages based on the frequency of incapacitating episodes. You may also qualify for a 100% rating if your back injury renders you unemployable. Forever Grateful, [K.S.]. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. 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. 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. Muscle spasms are involuntary contractions or extensions of muscles. Does Spinal Stenosis Qualify for Disability Benefits? All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Call 800-544-9144 today for a free case evaluation or contact us here. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Errors are frequently made when rating conditions. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Spinal stenosis is a disorder that affects your back. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims.
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