spinal stenosis va disability rating

Lumbar IVDS accounts for 62% of all disc disease. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. . When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. These mistakes cost veterans at least $5.9 million in payments over the period studied. 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. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Spinal stenosis Mental health disorders, such as depression and anxiety And more. They may also be used to keep track of what [products, video, links, etc.] For example, PTSD can lead to sleep apnea. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Most of the time, spinal stenosis occurs in the lower back and the neck. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. A 40% VA Rating for the Lumbar Spine - YouTube Errors are frequently made when rating conditions. Case Info Step 2. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Please register to post comments. Contact Berry Law today if you need assistance appealing your VA decision. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Function: Postural support of body; extension and lateral movements of spine. Some joints are referred to as major joints, while others are referred to as minor joints. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. These cookies are necessary for the website to function and cannot be switched off in our systems. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. 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. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. If your spinal stenosis or foraminal stenosis is service-connected, or if your condition was aggravated because of your military service, you may qualify for VA disability compensation. This is known as secondary service connection. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Have a current medical diagnosis for the disability, Have an in-service event or experience that led to the disability, Get a medical nexus connecting the in-service event to the current medical diagnosis. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. Call 800-544-9144 today for a free case evaluation or contact us here. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis The diagnostic code for rheumatoid arthritis is 5002. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. 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. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. These cookies allow the website to remember choices you make to give you better functionality and personal features. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. Va rating of 60% | Physical Evaluation Board Forum In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. This can sometimes be difficult to establish. 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. 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). Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. Disclaimer: This information is not legal advice. I was hoping someone could point me in the right direction with spinal issues and VA ratings. 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. VA Disability For Back Pain // Appeals, Claims, Denials - Vet A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . Va rating of 60%. 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. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, 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. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Additional medical appliances may be required. Berry Law gets Veterans the disability compensation they earned. The spine is considered as a minor joint. If you have multiple disability ratings, we use them to calculate . This will effectively increase your VA disability rating. 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. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. 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. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. 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. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. 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. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Rheumatoid arthritis is rated under its own rating system. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. VA Disability Ratings for Spinal Stenosis | CCK Law 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.

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