Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 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. This communication with the firm or any member of the firm does not establish an attorney-client relationship. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. . However, Veterans can also receive disability compensation on a secondary basis. 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. 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. 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. Disclaimer: This information is not legal advice. 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. 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. The technical storage or access that is used exclusively for statistical purposes. Spinal stenosis is most commonly experienced in the neck and lower part of the back. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. 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. We assign you a disability rating based on the severity of your service-connected condition. Spinal stenosis Mental health disorders, such as depression and anxiety And more. To facilitate this process, the VA has created a ratings table. Less frequently, stenosis can occur in the upper back (thoracic). For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. you may be able to get a higher rating due to incapacitating episodes. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Some joints are referred to as major joints, while others are referred to as minor joints. Under the VA regulations, you may request an extra-schedular rating for your disability. 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. means your spine is locked in a position that is something other than vertical. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Forever Grateful, [K.S.]. The VA assigns rating percentages based on the frequency of incapacitating episodes. We advocate for the disabled. 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. 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. 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. For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. For example, if rheumatoid arthritis of the spine results in pain with motion, the condition will be rated according to the criteria set forth in 5003 as described above. 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. 30 percent disability rating: $508.05 per month. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 14K 1,344 9. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . Call 512-454-4000 for help today. Entire spine is frozen in an unfavorable position. I served during peace timein theArmy. 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). A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, 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. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. 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. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Please register to post comments. We consistently provide experienced, compassionate and ethical representation to our clients. 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 . The information you obtain on this website is not, nor is it intended to be, legal advice. Canes range from $25 to $100 and walkers can be more than $200. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The sum of all these degree measurements together is called the ROM (range of motion) measurement. Thank you so much Woods & Woods. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The latter two will show whether soft tissue may be impinging or invading the spinal cord area. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Back braces or corsets are $200 or more. But it can also be a result of a spinal injury. 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. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. Other back impairments have a maximum schedular rating of 60 percent or lower. The VA has a separate rating system for these conditions. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: If you were denied VA disability benefits for spinal stenosis, Chisholm Chisholm & Kilpatrick LTD may be able to help you through the appeals process. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. As the foramen close in, it can lead to those nerves becoming pinched. After recovery, the VA will re-evaluate their condition. It will also help if someone else in your division remembers what happened. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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. You should consult an attorney for advice regarding your individual situation. This metric is used in calculating your VA disability rating. Registration is FREE of charge! 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. 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.
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