VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Symptoms vary depending on the location of the stenosis and which nerves are affected. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Contacting us does not create an attorney-client relationship. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. However, in many cases, spinal stenosis causes symptoms elsewhere in the body besides the back. Since that time, we have provided compassionate Additional medical appliances may be required. To provide even more value to our veterans, this page is only available with an All-Access Membership. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). We have updated our Privacy Policy. 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. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. ATTORNEY FOR THE . If you have multiple disability ratings, we use them to calculate . The rating systems used for arthritis of the spine is the second most common rating system for spine conditions. A favorable position means the ROM measurement for flexion or extension is 0 degrees. Also, the VA requires that all ROM measurements be taken with a goniometer. To facilitate this process, the VA has created a ratings table. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. 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. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Yes, you can. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 This narrowing can be caused by physical injury or degeneration of the spine. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). 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. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. The SSA has a specific disability listing for lumbar stenosis. You must have a positive imaging test (MRI, . It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. Please call for an appointment before visiting: Mail Processing Center: P.O. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! 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. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? Call 512-454-4000 for help today. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. 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. You may be owed compensation. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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. This information is not a substitute for legal advice. This is particularly true because nerve pain in the extremities can severely impact your earning ability. An unfavorable position means your spine is locked in a position that is something other than vertical. This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. we represent clients nationwide. 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. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. The amount of base compensation veterans receive . These cookies do not store any personal information. Disability benefits are paid for service-connected disabilities. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. yet assertive representation for our clients. The VA routinely mishandles spinal injury claims. NOTE: Entitlement of a spinal condition includes spinal stenosis. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The technical storage or access that is used exclusively for anonymous statistical purposes. Spinal stenosis is most commonly experienced in the neck and lower part of the back. It is rated under another diagnostic group. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. Were You Denied VA Disability Benefits for Spinal Stenosis? The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. As you can see, ROM measurements play a significant role in rating spinal conditions. Muscle spasms are involuntary contractions or extensions of muscles. This can severely affect your movement and eventually takes a toll on your ability to move. 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). For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. 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. Over time, you will attend additional annual exams at an area SCI Center. 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. Spinal discs act as cushions between your vertebrae. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. 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. You may also qualify for a 100% rating if your back injury renders you. However, Veterans can also receive disability compensation on a secondary basis. These secondary conditions would be rated separately from the underlying spinal condition. These complications of stenosis are called. We assign you a disability rating based on the severity of your service-connected condition. This field is for validation purposes and should be left unchanged. REPRESENTATION. Less frequently, stenosis can occur in the upper back (thoracic). Pocket Card . 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. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. In order to be granted a VA disability rating for spinal stenosis at 30%, you must meet either of these conditions: Unfavorable ankylosis of the entire cervical spine, or Favorable ankylosis of the entire cervical spine, where your spine is fixed in place but at a neutral position at 0 degrees. We are sorry that this post was not as useful for you! This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Conversely, when the lumbar spine (the lower section of the back) is affected, symptoms may cause pain and nerve sensations in the back, legs, and feet. Back braces or corsets are $200 or more. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 We consistently provide experienced, compassionate and ethical representation to our clients. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. 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). Some joints are referred to as major joints, while others are referred to as minor joints. Our goal is to help all fellow Veterans get the disability benefits they deserve. The information you obtain on this website is not, nor is it intended to be, legal advice. 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 . Spinal stenosis is a disabling condition caused by the narrowing of the gaps between individual spinal vertebrae. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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. I want to thank Woods & Woods for not letting me give up. 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. An. . 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: Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. 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. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Our doctors know how service-connected disabilities work, so they know what to look for in your file. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. Your spinal stenosis may cause or contribute to other medical conditions, as well. If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer.