Both upper (cervical) and . Rheumatoid arthritis is a disease that causes destruction of the joints in the body. 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. 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. This website adheres to the W3Cs AA Accessibility guidelines. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Get Directions. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. For example, PTSD can lead to sleep apnea. Please complete this form to send us your message. 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. Want to know if you qu. 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. 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. Spinal stenosis is a form of degenerative disc disease. REPRESENTATION. Contact Us In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. ). Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. Over time, you will attend additional annual exams at an area SCI Center. VA Disability Claims List: What Conditions Can Veterans Claim? Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 As the foramen close in, it can lead to those nerves becoming pinched. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. The information you obtain on this website is not, nor is it intended to be, legal advice. So, if a Veteran has service connection for PTSD and later develops sleep apnea, they can argue that the sleep apnea was caused by their PTSD. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. San Jose, CA: 2880 Zanker Road, Ste. Lumbar IVDS accounts for 62% of all disc disease. These mistakes cost veterans at least $5.9 million in payments over the period studied. Their testimony can mean the difference between an approval or a denial of your case. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. As you can see, ROM measurements play a significant role in rating spinal conditions. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Without these cookies, services you have asked for cannot be provided. Yes No Does applicant expect to be out of work for at least 12 months? Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. We are sorry that this post was not as useful for you! The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Later you develop a spinal stenosis in your neck (cervical) area. These cookies may be set through our website by our advertising partners. 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. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. This can severely affect your movement and eventually takes a toll on your ability to move. 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. 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. 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. Most of the time, spinal stenosis occurs in the lower back and the neck. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. I bought a home. we represent clients nationwide. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Forever Grateful, [K.S.]. Have you been affected by Camp Lejeune water contamination? 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. Back braces or corsets are $200 or more. This will effectively increase your VA disability rating. However, Veterans can also receive disability compensation on a secondary basis. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical . 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. Already working with us? Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Entire spine is frozen in an unfavorable position. Spinal stenosis is most commonly experienced in the neck and lower part of the back. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Fill out the short form below to contact us. When you visit web sites, they may store or retrieve data in your web browser. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. VA Disability Ratings for Back Pain and Spinal Arthritis. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. VA Ratings For Spinal Arthritis & Back Pain. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. The sum of all these degree measurements together is called the ROM (range of motion) measurement. 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. 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 spine is considered as a minor joint. 203, San Jose, CA 95134 Symptoms vary depending on the location of the stenosis and which nerves are affected. 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. We use cookies to ensure that we give you the best experience on our website. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. The spine is considered as a minor joint. The technical storage or access that is used exclusively for statistical purposes. yet assertive representation for our clients. We advocate for the disabled. If you have multiple disability ratings, we use them to calculate . 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. Phone: (757) 220-4529. Call 512-454-4000 for help today. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 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. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. 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. ATTORNEY FOR THE . Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Over time, you will attend additional annual exams at an area SCI Center. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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 spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Please register to post comments. Cookies help us deliver the best experience on our website. An unfavorable position means your spine is locked in a position that is something other than vertical. 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. 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 may be eligible for VA disability benefits if you meet both of these requirements. 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. Contact Berry Law today if you need assistance appealing your VA decision. This metric is used in calculating your VA disability rating. 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. 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. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. . 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 foraminal stenosis, which can cause radiculopathy. This information is not a substitute for legal advice. To continue receiving VA disability benefits, you should be compliant with these exams. you viewed to avoid repetition. This information is made available for educational purposes only and to provide general information and a general understanding of the law. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Mayo Clinic notes that there are two different types of spinal stenosis: While occasionally a person suffering from spinal stenosis will show zero symptoms, often Veterans seeking VA disability compensation for spinal stenosis will display one or more of the following symptoms: Cervical Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, problems walking, neck pain, and bowel/bladder dysfunction. Spine Condition Ratings. 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. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. This can sometimes be difficult to establish. Spinal stenosis Mental health disorders, such as depression and anxiety And more. 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%. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Thank you so much Woods & Woods. Camp Lejeune Lawsuit. Fax: (757) 220-9451. Spinal stenosis can make it tricky to obtain a fair VA disability rating. Experienced Social Security Disability Lawyer. Causes can include herniated or bulging spinal discs. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Do You Qualify for Long Term Disability Benefits? 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. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. Spinal discs act as cushions between your vertebrae.