In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . In fact, occasionally, the back pain associated with spinal stenosis may be dwarfed by the nerve pain experienced in the legs, feet, arms, and hands. 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. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. Muscle spasms are involuntary contractions or extensions of muscles. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Disclaimer: This information is not legal advice. What is the diagnostic code for traumatic arthritis? ATTORNEY FOR THE . 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 These only occur in extraordinary cases in which the VA ratings formula does not account for the effects or consequences of your disability. Many people only think about their medical issues when applying for Social Security disability. 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. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. People with spinal conditions also often change how they walk to, 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, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Yes, but you should talk to a VA Disability law attorney first. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. 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 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. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. AVVO 10/10 Superb Rating, BBB A+ Rated. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). Full eligibility requirements 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. 10 percent disability rating: $165.92 per month. Although this type of arthritis is most common in the small joints of the hands and feet, it can occur in any joint. Did you receive a VA disability compensation rating of 40%? SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) It results in chronic pain, numbness, and weakness in your body. As you can see, ROM measurements play a significant role in rating spinal conditions. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. 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). 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. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. This will effectively increase your VA disability rating. 20 percent disability rating: $327.99 per month. The rating will largely depend on whether you have lost range of motion as a result of stenosis. 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. You may also be able to show your spinal stenosis is service-related via a secondary service connection. 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. 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. 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. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. The VA will use a series of diagnostic codes for areas of the spine. When symptoms are present, they usually start gradually and worsen over time. The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: Flexion 45 degrees, OR combined ROM 340 degrees, Flexion 90 degrees, OR combined ROM 240 degrees, Flexion between 30 and 45 degrees, OR combined ROM between 175 and 340 degrees, Flexion between 60 and 90 degrees, OR combined ROM between 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. 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. VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. Ratings will fall between 0% and 100% disability. All information these cookies collect is aggregated and therefore anonymous. A VA lawyer can run through all the scenarios with you for obtaining a fair VA disability rating that reflects the ways spinal stenosis affects you. Unfavorable means any position that is not 0 degrees in flexion or extension. This communication with the firm or any member of the firm does not establish an attorney-client relationship. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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: However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Also, the VA requires that all ROM measurements be taken with a goniometer. A TDIU is an award of increased compensation. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Forever Grateful, [K.S.]. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. 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) 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. Most of the time, spinal stenosis occurs in the lower back and the neck. 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. REPRESENTATION. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. 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? Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. 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. The disability rating is the highest rating produced by the rating tables. Entire thoracolumbar spine is frozen in an unfavorable position. This field is for validation purposes and should be left unchanged. Spinal stenosis is a form of degenerative disc disease. You can talk these problems over with your physician, as well. You should consult an attorney for advice regarding your individual situation. Without these cookies, services you have asked for cannot be provided. VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . Want to know if you qu. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Do you have a low back (lumbar) injury related to your military service? For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. If there is painful motion, a 10% rating will be assigned. Hill & Ponton P.A. An unfavorable position means that the spine is frozen in a position other than the natural upright position. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss.