A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. These cookies collect information about how you use our website. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. However, Veterans can also receive disability compensation on a secondary basis. . 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. The spine is considered as a minor joint. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Spinal conditions can cause nerve problems as well. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. 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. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. You could be entitled to $3,627 per month! If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Errors are frequently made when rating conditions. Both upper (cervical) and . These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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. 30 percent disability rating: $508.05 per month. It may also cause bladder and bowel issues. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! VA Disability Rating for Neck Pain | The Tuley Law Office 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 Truth About Spinal Stenosis: Causes Symptoms And Treatments The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. This is particularly true because nerve pain in the extremities can severely impact your earning ability. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Schedule an MRI consultation today! Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. 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. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Thank you so much Woods & Woods. It will also help if someone else in your division remembers what happened. Lumbar IVDS accounts for 62% of all disc disease. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Let's talk about your VA disability benefits. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. I served during peace timein theArmy. That is, they get it wrong more than half the time. After recovery, the VA will re-evaluate their condition. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. You may not notice at the onset, but the pain will evolve slowly over time. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. All information these cookies collect is aggregated and therefore anonymous. Agent Orange exposure and VA disability compensation Rheumatoid arthritis is rated under its own rating system. Unfavorable means any position that is not 0 degrees in flexion or extension. Spinal stenosis can cause symptoms throughout the body. Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. 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) Our goal is to help all fellow Veterans get the disability benefits they deserve. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. Feel free to call us at (866) 232-5777 anytime. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. Hill & Ponton P.A. 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. The information you obtain on this website is not, nor is it intended to be, legal advice. The rating will largely depend on whether you have lost range of motion as a result of stenosis. To continue receiving VA disability benefits, you should be compliant with these exams. A 40% VA Rating for the Lumbar Spine - YouTube Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. 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. Rather, they are added using VA math. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Berry Law gets Veterans the disability compensation they earned. Disability Benefits For Spinal Stenosis - Gillette Law Group It is rated under another diagnostic group. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. 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. When pursuing a VA disability rating for back pain, its important to know your options. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. These mistakes cost veterans at least $5.9 million in payments over the period studied. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. Spinal Stenosis & Qualifying for Social Security Disability Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. Yes No Does applicant expect to be out of work for at least 12 months? Typically, this would be established by medical records from your time in the military showing that your condition worsened. One of the most common conditions secondary to spinal conditions is radiculopathy. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. 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). I was hoping someone could point me in the right direction with spinal issues and VA ratings. At these exams, you can expect your doctor to ask you questions about your background and medical history, evaluate your symptoms and range of motion. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Reduce VA's Disability Benefits to Veterans Who Are Older Than the Full If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Were You Denied VA Disability Benefits for Spinal Stenosis? have the greatest impact on the veterans ability to work. 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 . The technical storage or access that is used exclusively for anonymous statistical purposes. Copy this embed code to share the infographic on your own site. 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. Can I Get a Higher VA Rating for a Back Disability? A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. Experienced Social Security Disability Lawyer. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987?