The VA awards disability ratings for incapacitating episodes as follows: You may be asked to take a compensation & pension exam (C&P exam). VA Disability Ratings for Back Pain and Spinal Arthritis. The spine is considered as a minor joint. 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. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. These complications of stenosis are called. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 This can sometimes be difficult to establish. We use cookies to optimize our website and our service. Over time, you will attend additional annual exams at an area SCI Center. Rather, they are added using VA math. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. Disability Evaluation Under Social Security 1.00 Musculoskeletal Disorders - Adult Section 1.01 Category of Impairments, Musculoskeletal . WITNESS AT HEARING ON APPEAL. Their testimony can mean the difference between an approval or a denial of your case. Appellant. 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).
Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. 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. 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. 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. 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. The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. A favorable position means that the spine is frozen at the baseline position or 0% flexion.
Spinal stenosis - Symptoms and causes - Mayo Clinic 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. Contact Info Is applicant currently receiving Social Security benefits? You must have a positive imaging test (MRI, . Do you have a low back (lumbar) injury related to your military service?
Getting Veterans (VA) Disability for Spinal Injuries | CCK Law Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. Call 512-454-4000 for help today. 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. 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. For example, the specific code for degenerative arthritis of the spine is 5242. Please call for an appointment before visiting: Mail Processing Center: P.O. Vertebral fractures and dislocations (diagnostic code 5235). I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Less frequently, stenosis can occur in the upper back (thoracic). Neck muscle injuries. I bought a home. If there is painful motion, a 10% rating will be assigned. 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. These cookies dont collect information that identifies you. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 For a Veteran to get a disability service connected, they must: If a Veteran can prove all three elements listed above, they should be given a disability rating by the department of Veterans affairs. 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 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170%, Flexion between 30 and 60 degrees OR combined ROM of 120%. If you are suffering from the effects of Spinal stenosis you may qualify for disability benefits. Trouble walking, and loss of bowel or bladder control may also result. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal.
VA Disability Ratings for Back Pain and Spinal Arthritis As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. 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. Let's talk about your VA disability benefits. 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. Were You Denied VA Disability Benefits for Spinal Stenosis? This opinion will be most favorable when it comes to establishing service connection. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. A TDIU is an award of increased compensation. Back braces or corsets are $200 or more. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that theres a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. . 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. Spinal stenosis is a form of degenerative disc disease. 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 . For example, the specific code for degenerative arthritis of the spine is 5242. I was hoping someone could point me in the right direction with spinal issues and VA ratings. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. The technical storage or access that is used exclusively for statistical purposes. I suffer from many health issues due to the trauma that happened to me in 1980. 30 percent disability rating: $508.05 per month. 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. 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. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. One of the most common conditions secondary to spinal conditions is radiculopathy. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot).
Spondylolisthesis and Spondylolysis - Entitlement Eligibility Camp Lejeune Lawsuit. 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. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively.
Spinal Stenosis & Qualifying for Social Security Disability 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. In severe cases, doctors may recommend surgery to relieve the symptoms associated with spinal stenosis. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. 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). Pocket Card . It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Many people only think about their medical issues when applying for Social Security disability. Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. VA Disability Rating for Spinal Stenosis Depends on Range of Motion Spinal stenosis can arise from both degenerative conditions (such as arthritis, bulging discs, and herniated discs) and physical injury, such as bone fragments, dislocated vertebrae, or swollen tissues. This will effectively increase your VA disability rating. Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. You should consult an attorney for advice regarding your individual situation. Spinal stenosis Mental health disorders, such as depression and anxiety And more. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Spinal stenosis can cause symptoms throughout the body. 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. 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.