It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Extraschedular VA Disability Ratings Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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 . Muscle spasms are involuntary contractions or extensions of muscles. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) The rating will largely depend on whether you have lost range of motion as a result of stenosis. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. You can talk these problems over with your physician, as well. To find out more, view our Privacy Policy. Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. 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. Muscle guarding occurs when muscles react to prevent pain or discomfort. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. As the foramen close in, it can lead to those nerves becoming pinched. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. VA Disability Claims List: What Conditions Can Veterans Claim? However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. That is, they get it wrong more than half the time. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. Yes No Learn more about us, Veterans Disability Claim Spinal stenosis is a form of degenerative disc disease. Trouble walking, and loss of bowel or bladder control may also result. The diagnostic code for traumatic arthritis is 5010. A favorable position means that the spine is frozen at the baseline position or 0% flexion. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. 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. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. The spine is considered as a minor joint. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). As you can see, ROM measurements play a significant role in rating spinal conditions. If your condition meets the listing criteria, it will automatically be considered a disability. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. have the greatest impact on the veterans ability to work. Pocket Card . 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. 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 . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. In most cases, the medical listing will be insufficient. Please call for an appointment before visiting: Mail Processing Center: P.O. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. When pursuing a VA disability rating for back pain, its important to know your options. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). ATTORNEY FOR THE . Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 you may be able to get a higher rating due to incapacitating episodes. 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. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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. 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. It will also help if someone else in your division remembers what happened. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Our firm was founded in 1986 in Orlando, Florida. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Some joints are referred to as major joints, while others are referred to as minor joints. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. yet assertive representation for our clients. VA Ratings For Spinal Arthritis & Back Pain. A VA lawyer can run through all the scenarios with you for obtaining a fair VA disability rating that reflects the ways spinal stenosis affects you. 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. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. By using our website, you agree to the use of certain cookies. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. If the entire spine is frozen in an unfavorable position, the disability rating may be as high as 100%. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. One of the most common conditions secondary to spinal conditions is radiculopathy. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Later you develop a spinal stenosis in your neck (cervical) area. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. There are two types of spinal stenosis treatment: surgical and non-surgical. Let's talk about your VA disability benefits. 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 . 4.71a Schedule of ratings - musculoskeletal system. You may also qualify for a 100% rating if your back injury renders you unemployable. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 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. 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. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. You may be owed compensation. The rating will largely depend on whether you have lost range of motion as a result of stenosis. The technical storage or access that is used exclusively for statistical purposes. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. The information you obtain on this website is not, nor is it intended to be, legal advice. 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). Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Spinal stenosis is most commonly experienced in the neck and lower part of the back. So, they compensate them for the disability on a secondary basis. This means that the effects of spinal stenosis are not limited to the back. Its never too late to apply for VA benefits. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. 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. We consistently provide experienced, compassionate and ethical representation to our clients. 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. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Causes can include herniated or bulging spinal discs. 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. 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. As you can see, ROM measurements play a significant role in rating spinal conditions. We assign you a disability rating based on the severity of your service-connected condition. You may not notice at the onset, but the pain will evolve slowly over time. 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. An. We use cookies to optimize our website and our service. Entire spine is frozen in an unfavorable position. 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. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. . SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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 can sometimes be difficult to establish. Both upper (cervical) and . 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 condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Feel free to call us at (866) 232-5777 anytime. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. After recovery, the VA will re-evaluate their condition. Copy this embed code to share the infographic on your own site. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay.

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