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. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. How to Appeal a Denied Veterans Disability Claim These are periods of acute pain severe enough for a doctor to proscribe bed rest. Spinal stenosis Mental health disorders, such as depression and anxiety And more. See Entitlement Considerations, Section B of this . A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. This metric is used in calculating your VA disability rating. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. 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) Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Call 800-544-9144 today for a free case evaluation or contact us here. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Please complete this form to send us your message. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Lack of cartilage causes pain and limitation of motion. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Lumbar spinal stenosis . If you have multiple disability ratings, we use them to calculate . 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 . However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Pocket Card . The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. NOTE: Entitlement of a spinal condition includes spinal stenosis. 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. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. If there is painful motion, a 10% rating will be assigned. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. 203, San Jose, CA 95134 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. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. Stenosis can occur in the spinal column itself, or it can occur within the intervertebral foramen, which are the passages through which your nerve roots branch out laterally through the spine. 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. Errors are frequently made when rating conditions. 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. Spinal stenosis can cause symptoms throughout the body. Canes range from $25 to $100 and walkers can be more than $200. The same veteran with a 100% disability rating would receive $3,106.04. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Contact Us This means that the effects of spinal stenosis are not limited to the back. That is, your stenosis wasnt diagnosed at the time, but it likely came about as a result of an injury or illness that has been established as service-connected. VA Disability Ratings for Back Pain and Spinal Arthritis. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 For example, the specific code for degenerative arthritis of the spine is 5242. 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. Some joints are referred to as major joints, while others are referred to as minor joints. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. We consistently provide experienced, compassionate and ethical representation to our clients. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Do You Qualify for Long Term Disability Benefits? 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. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. 100% VA disability rating for spinal cancer. 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. 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. Case Info Step 2. The VA assigns rating percentages based on the frequency of incapacitating episodes. Later you develop a spinal stenosis in your neck (cervical) area. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Our goal is to help all fellow Veterans get the disability benefits they deserve. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Muscle spasms are involuntary contractions or extensions of muscles. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Spinal discs act as cushions between your vertebrae. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 In most cases, the medical listing will be insufficient. Spinal stenosis is a form of degenerative disc disease. Rheumatoid arthritis is rated under its own rating system. Lumbar IVDS accounts for 62% of all disc disease. Degenerative arthritis of the spine, sometimes referred to as facet joint osteoarthritis, causes a breakdown of the cartilage between the facet joints in the back of the spine. The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. Phone: (757) 220-4529. THE ISSUE. Registration is FREE of charge! The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. These cookies allow the website to remember choices you make to give you better functionality and personal features. The VA has a separate rating system for these conditions. 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. Experienced Social Security Disability Lawyer. 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. 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. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. Under the VA regulations, you may request an extra-schedular rating for your disability. They may also be used to keep track of what [products, video, links, etc.] Secondary service connection occurs when a service-connected disability causes another disability. 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. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. Spinal stenosis is most commonly experienced in the neck and lower part of the back. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. However, these secondary service-connected disabilities are not cumulative. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. You should consult an attorney for advice regarding your individual situation. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Va rating of 60%. So, spinal disabilities focus on the lack of mobility or range of motion. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. You should know that it's impossible to get disability benefits if you aren't . If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. People with spinal conditions also often change how they walk to, 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, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. That is, they get it wrong more than half the time. 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. 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.
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