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VA physicians will measure your range of motion in six places, using a goniometer. Later you develop a spinal stenosis in your neck (cervical) area. These cookies are necessary for the website to function and cannot be switched off in our systems. Secondary service connection occurs when a service-connected disability causes another 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. San Jose, CA: 2880 Zanker Road, Ste. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. This information is not a substitute for legal advice. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. You can talk these problems over with your physician, as well. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 30 percent disability rating: $508.05 per month. Va rating of 60%. 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. The sum of all these degree measurements together is called the ROM (range of motion) measurement. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Function: Postural support of body; extension and lateral movements of spine. The diagnostic code for rheumatoid arthritis is 5002. These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Over time, you will attend additional annual exams at an area SCI Center. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. 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. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Muscle guarding occurs when muscles react to prevent pain or discomfort. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. When pursuing a VA disability rating for back pain, its important to know your options. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. 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. Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Have a current medical diagnosis for the disability, Have an in-service event or experience that led to the disability, Get a medical nexus connecting the in-service event to the current medical diagnosis. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. 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%. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Berry Law gets Veterans the disability compensation they earned. Its never too late to apply for VA benefits. 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. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. 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 . If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Did you receive a VA disability compensation rating of 40%? 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. Let's talk about your VA disability benefits. I have my transportation now. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Both upper (cervical) and . Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Your call is always free, and we wont charge you until after we have won your case. However, Veterans can also receive disability compensation on a secondary basis. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Spine Condition Ratings. 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. An. 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. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. 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. Less frequently, stenosis can occur in the upper back (thoracic). Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Get Directions. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. 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. Call 512-454-4000 for help today. 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. You may be owed compensation. Additional medical appliances may be required. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). These mistakes cost veterans at least $5.9 million in payments over the period studied. Spinal stenosis can make it tricky to obtain a fair VA disability rating. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. So, spinal disabilities focus on the lack of mobility or range of motion. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 These cookies allow the website to remember choices you make to give you better functionality and personal features. When symptoms are present, they usually start gradually and worsen over time. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 203, San Jose, CA 95134 This means that the effects of spinal stenosis are not limited to the back. Pocket Card . Other back impairments have a maximum schedular rating of 60 percent or lower. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. REPRESENTATION. Schedule an MRI consultation today! Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 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. In some cases, the VA may help veterans get surgery to treat spinal stenosis. 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. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. Most of the time, spinal stenosis occurs in the lower back and the neck. 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. Phone: (757) 220-4529. 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. 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. 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. Contact Us Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Spinal stenosis is most commonly experienced in the neck and lower part of the back. It results in chronic pain, numbness, and weakness in your body. A TDIU is an award of increased compensation. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Lack of cartilage causes pain and limitation of motion. Disclaimer: This information is not legal advice. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. It may also cause bladder and bowel issues. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. These complications of stenosis are called. The same veteran with a 100% disability rating would receive $3,106.04. Our goal is to help all fellow Veterans get the disability benefits they deserve. Free Disability Evaluation: Step 1. That is, they get it wrong more than half the time. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Yes, you can. 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). .. Jan 17, 2012 #2. 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.