If you continue to use this site we will assume that you are happy with it. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Want to know if you qu. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. we represent clients nationwide. 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. Please register to post comments. 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 . Full eligibility requirements VA Disability Claims List: What Conditions Can Veterans Claim? Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. I bought a home. Yes No Does applicant expect to be out of work for at least 12 months? Back braces or corsets are $200 or more. 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. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Use our VA disability calculator to estimate your. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. 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. ). document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Do You Have Long-Term Disability Insurance Coverage? 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. Appellant. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Contact Berry Law today if you need assistance appealing your VA decision. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Call 512-454-4000 for help today. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices We advocate for the disabled. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. A very common impairment caused by this nerve compression is sciatica. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Other back impairments have a maximum schedular rating of 60 percent or lower. This makes sense because a spine frozen in an unfavorable position would place the greatest stress on the body and have the greatest impact on the veterans ability to work. 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. Your Condition Must be Connected to Your Service to Obtain a VA Disability Rating Spinal Stenosis, When it occurs in the cervical spine (the neck and upper section of the back). The spine is considered as a minor joint. But it can also be a result of a spinal injury. 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. 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. That is, they get it wrong more than half the time. Hill & Ponton P.A. These complications of stenosis are called. 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. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. We have updated our Privacy Policy. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. 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. You may be eligible for VA disability benefits if you meet both of these requirements. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. You should consult an attorney for advice regarding your individual situation. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. 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: Case Info Step 2. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. The technical storage or access that is used exclusively for statistical purposes. These cookies do not store any personal information. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 In some cases, the VA may help veterans get surgery to treat spinal stenosis. Let's talk about your VA disability benefits. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. If you are concerned that your VA disability percentage for spinal stenosis fails to account for the extent of your disability, you may wish to speak to a VA benefits lawyer. A fair VA disability rating for spinal stenosis can be difficult to obtain. Lack of cartilage causes pain and limitation of motion. 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. 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. What is the diagnostic code for traumatic arthritis? Rheumatoid arthritis is rated under its own rating system. This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. 100% VA disability rating for spinal cancer. If these conservative options dont get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. We consistently provide experienced, compassionate and ethical representation to our clients. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. For instance, which pages you go to most.