spinal stenosis va disability rating

If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. Causes can include herniated or bulging spinal discs. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. you viewed to avoid repetition. These cookies allow the website to remember choices you make to give you better functionality and personal features. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. Its never too late to apply for VA benefits. 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. yet assertive representation for our clients. Function: Postural support of body; extension and lateral movements of spine. 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 can make it tricky to obtain a fair VA disability rating. 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. 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. Have you been affected by Camp Lejeune water contamination? IVDS is rated under diagnostic code 5243, and the rating criteria relies on the number of incapacitating episodes and how much bed rest the veteran's physician prescribed within the last year. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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. All rights reserved. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Appellant. VA Ratings For Spinal Arthritis & Back Pain. We get emails all the time asking if certain health problems qualify for benefits. San Jose, CA: 2880 Zanker Road, Ste. Secondary service connection occurs when a service-connected disability causes another disability. Free Disability Evaluation: Step 1. You may be owed compensation. Some joints are referred to as major joints, while others are referred to as minor joints. Spinal stenosis is a form of degenerative disc disease. 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: Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. 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. Trouble walking, and loss of bowel or bladder control may also result. This can severely affect your movement and eventually takes a toll on your ability to move. Yes No Does applicant expect to be out of work for at least 12 months? VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. . The spine is considered as a minor joint. VA Disability Claims List: What Conditions Can Veterans Claim? 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. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Your call is always free, and we wont charge you until after we have won your case. 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 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. The technical storage or access that is used exclusively for statistical purposes. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. 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 secondary service-connection for the new or aggravated disability. Williamsburg, VA 23185. Symptoms vary depending on the location of the stenosis and which nerves are affected. This disruption can cause strange sensations and loss of muscle control in the affected areas. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Hill & Ponton P.A. It will also help if someone else in your division remembers what happened. So, spinal disabilities focus on the lack of mobility or range of motion. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. 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. However, these secondary service-connected disabilities are not cumulative. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Full eligibility requirements means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Use our VA disability calculator to estimate your combined VA rating and monthly payment. 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. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. 14K 1,344 9. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. The VA routinely mishandles spinal injury claims. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . I served during peace timein theArmy. See Entitlement Considerations, Section B of this . 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. It results in chronic pain, numbness, and weakness in your body. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. REPRESENTATION. 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). If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. 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. Want to know if you qu. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. 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. I have my transportation now. Errors are frequently made when rating conditions. . It may result in a higher rating, and therefore a greater monthly disability compensation amount. Cookies help us deliver the best experience on our website. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Spinal Stenosis by itself means literally nothing, other than that you have a narrowing of the spinal canal at some point (which about 70% of adults have normally). This means that the effects of spinal stenosis are not limited to the back. Our doctors know how service-connected disabilities work, so they know what to look for in your file. The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. Contacting us does not create an attorney-client relationship. The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. 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. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. 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). 20 percent disability rating: $327.99 per month. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. For example, if you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation.

Accident In Westminster Today, Friends Not Happy For Your Success Quotes, Viagogo Cancelled Concert Refund, Articles S