You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. . People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. Forever Grateful, [K.S.]. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. Registration is FREE of charge! A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. ). Contacting us does not create an attorney-client relationship. Muscle spasms are involuntary contractions or extensions of muscles. About VA disability ratings. 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. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. This communication with the firm or any member of the firm does not establish an attorney-client relationship. 100% VA disability rating for spinal cancer. Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. I served during peace timein theArmy. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. Your spinal stenosis may cause or contribute to other medical conditions, as well. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. To continue receiving VA disability benefits, you should be compliant with these exams. In most cases, the medical listing will be insufficient. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Rheumatoid arthritis is rated under its own rating system. 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: It will also help if someone else in your division remembers what happened. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. 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). Secondary service connection occurs when a service-connected disability causes another disability. Fill out the short form below to contact us. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. 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. Hill & Ponton P.A. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. But it can also be a result of a spinal injury. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). 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 . These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Prosthetic replacement of knee joint: For 1 year following implantation of prosthesis 100 If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. If the arthritis does not cause any episodes of incapacitation, but 2 or more joint groups are involved, then a 10% rating will be assigned. For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. We get emails all the time asking if certain health problems qualify for benefits. Contact Berry Law today if you need assistance appealing your VA decision. 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Rather, they are added using VA math. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Examples of a few disability ratings for spinal stenosis are: 20%: A 20% disability rating for spinal stenosis means you have more than 30 degrees forward flexion of the thoracolumbar spine, but not greater than 60 . If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). 20 percent disability rating: $327.99 per month. 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. We use cookies to optimize our website and our service. 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. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Lumbar spinal stenosis . To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. How to Appeal a Denied Veterans Disability Claim The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Our firm was founded in 1986 in Orlando, Florida. NOTE: Entitlement of a spinal condition includes spinal stenosis. You may also be able to show your spinal stenosis is service-related via a secondary service connection. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. 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. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. If these records do not exist, it may also be possible to support a claim with post-service medical records that show a significant worsening. The ratings range from 10% to 60%. By using our website, you agree to the use of certain cookies. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Most of the time, spinal stenosis occurs in the lower back and the neck. These mistakes cost veterans at least $5.9 million in payments over the period studied. . These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. 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. These complications of stenosis are called. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. This information is not a substitute for legal advice. However, Veterans can also receive disability compensation on a secondary basis. Williamsburg, VA 23185. Later you develop a spinal stenosis in your neck (cervical) area. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your 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. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Thus, if the flexion ROM measurement produces a 40% VA disability percentage and the total ROM measurement produces a 30% VA disability percentage, the VA disability percentage for spinal stenosis would be 40%. I want to thank Woods & Woods for not letting me give up. An unfavorable position means that the spine is frozen in a position other than the natural upright position. 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 . I was hoping someone could point me in the right direction with spinal issues and VA ratings. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. 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. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. These cookies may be set through our website by our advertising partners. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Spinal stenosis is a form of degenerative disc disease. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Have you been affected by Camp Lejeune water contamination? Entire cervical spine is frozen in an unfavorable position. which may qualify you for a higher rating. Call 800-544-9144 today for a free case evaluation or contact us here. We advocate for the disabled. Please complete this form to send us your message. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. 4.71a Schedule of ratings - musculoskeletal system. You may not notice at the onset, but the pain will evolve slowly over time. Already working with us? They may also be used to keep track of what [products, video, links, etc.] 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. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). These cookies do not store any personal information. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. 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. An unfavorable position means your spine is locked in a position that is something other than vertical. have the greatest impact on the veterans ability to work. VA Disability Claims List: What Conditions Can Veterans Claim? Spinal stenosis is a form of degenerative disc disease. A favorable position means that the spine is frozen at the baseline position or 0% flexion. This misdiagnosis can affect a later disability claim for spinal stenosis, although it can be countered by evidence showing the diagnosis was, in fact, made in error. The technical storage or access that is used exclusively for statistical purposes. If you have multiple disability ratings, we use them to calculate . Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors.
Kevin Jonas Wedding Photos,
Short Ar Books Worth 15+ Points,
Ada County Roster,
Chevy Monza For Sale Florida,
Articles S