A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. These cookies are essential so that you can move around the website and use its features. 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. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. This narrowing can be caused by physical injury or degeneration of the spine. Vertebral fractures and dislocations (diagnostic code 5235). Later you develop a spinal stenosis in your neck (cervical) area. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. If you continue to use this site we will assume that you are happy with it. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. Use our VA disability calculator to estimate your. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. These are periods of acute pain severe enough for a doctor to proscribe bed rest. you may be able to get a higher rating due to incapacitating episodes. The diagnostic code for rheumatoid arthritis is 5002. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be separately rated unless both are frozen in an unfavorable position. Yes, you can. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Errors are frequently made when rating conditions. I suffer from many health issues due to the trauma that happened to me in 1980. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Yes No Does applicant expect to be out of work for at least 12 months? Extraschedular VA Disability Ratings Entire cervical spine is frozen in an unfavorable position. 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. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. The spine is considered as a minor joint. Under the VA regulations, you may request an extra-schedular rating for your disability. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. VA Ratings For Spinal Arthritis & Back Pain. If your spinal stenosis or foraminal stenosis is service-connected, or if your condition was aggravated because of your military service, you may qualify for VA disability compensation. You must have a positive imaging test (MRI, . .. Jan 17, 2012 #2. 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. We advocate for the disabled. The disability rating may be even lower depending on the segment of the spine that is frozen. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. 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. Spinal conditions can cause nerve problems as well. Yes, but you should talk to a VA Disability law attorney first. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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). This information is not a substitute for legal advice. All information these cookies collect is aggregated and therefore anonymous. Spinal stenosis can cause symptoms throughout the body. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. Spinal stenosis Mental health disorders, such as depression and anxiety And more. Lumbar spinal stenosis . Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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 . The attorneys at Berry Law Firm are dedicated to helping injured Veterans. That is, they get it wrong more than half the time. All rights reserved. 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 . Camp Lejeune Lawsuit. This is known as secondary service connection. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Updated: August 3, 2020. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Contact Berry Law today if you need assistance appealing your VA decision. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Some joints are referred to as major joints, while others are referred to as minor joints. Secondary service connection occurs when a service-connected disability causes another disability. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. The sum of all these degree measurements together is called the ROM (range of motion) measurement. To continue receiving VA disability benefits, you should be compliant with these exams. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. Canes range from $25 to $100 and walkers can be more than $200. Over time, you will attend additional annual exams at an area SCI Center. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Hill & Ponton P.A. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. 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? Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. 20% Spinal Stenosis VA Rating 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. Typically, this would be established by medical records from your time in the military showing that your condition worsened. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. To find out more, view our Privacy Policy. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. This is particularly true because nerve pain in the extremities can severely impact your earning ability. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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. 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 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. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. 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. 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. 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. Your spinal stenosis may cause or contribute to other medical conditions, as well. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. Do you have a low back (lumbar) injury related to your military service? Learn more about us, Veterans Disability Claim Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. A TDIU is an award of increased compensation. VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. . Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. One of the most common conditions secondary to spinal conditions is radiculopathy. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%.