The ratings range from 10% to 60%. Lumbar spinal stenosis resulting in compromise of the cauda equina 1.17 Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint 1.18 Abnormality of a major joint(s) in any extremity . I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 203, San Jose, CA 95134 100% VA disability rating for spinal cancer. These cookies collect information about how you use our website. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Without these cookies, services you have asked for cannot be provided. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. All rights reserved. If a doctor doesnt use a goniometer to measure your ROM, In addition to the ROM measurements, the general rating criteria for spinal involves whether the cervical and/or thoracolumbar spine is frozen in a favorable vs. unfavorable position. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, foot drop, bowel and/or bladder problems, or numbness in your saddle area. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. This will effectively increase your VA disability rating. which may qualify you for a higher rating. The spine is considered as a minor joint. 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. Confidential or time-sensitive information should not be sent through this form. Incomplete but severe paralysis of the sciatic nerve may lead to a 60 percent disability rating. 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. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. This information is made available for educational purposes only and to provide general information and a general understanding of the law. 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. Their testimony can mean the difference between an approval or a denial of your case. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). We advocate for the disabled. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. So, they compensate them for the disability on a secondary basis. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. You can talk these problems over with your physician, as well. You may also be able to show your spinal stenosis is service-related via a secondary service connection. These cookies allow the website to remember choices you make to give you better functionality and personal features. Trouble walking, and loss of bowel or bladder control may also result. You could be entitled to $3,627 per month! Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 4.30 Convalescent ratings. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. To facilitate this process, the VA has created a ratings table. Learn more about us, Veterans Disability Claim 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. These types of lawyers have experience dealing with the laws and rules that govern the VA and may have ideas and suggestions for increasing or challenging your VA disability rating. 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. 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. A fair VA disability rating for spinal stenosis can be difficult to obtain. For a cervical spine that is frozen in a favorable position, the disability rating may be capped at 30%. We assign you a disability rating based on the severity of your service-connected condition. 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. As the foramen close in, it can lead to those nerves becoming pinched. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. Call 512-454-4000 for help today. 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. 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. 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%. 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 . Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. 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. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). ). Want to know if you qu. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. This condition causes small bones in your spine to fuse in place to one another, sometimes resulting in significant range-of-motion loss. Did you receive a VA disability compensation rating of 40%? 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. 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). In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. 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. VA physicians will measure your range of motion in six places, using a goniometer. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. This opinion will be most favorable when it comes to establishing service connection. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. 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%. Both upper (cervical) and . Spinal stenosis is a form of degenerative disc disease. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. It may result in a higher rating, and therefore a greater monthly disability compensation amount. 20% Spinal Stenosis VA Rating It may also cause bladder and bowel issues. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. How to Appeal a Denied Veterans Disability Claim As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. After recovery, the VA will re-evaluate their condition. This means that the effects of spinal stenosis are not limited to the back. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. The rating will largely depend on whether you have lost range of motion as a result of stenosis. This website adheres to the W3Cs AA Accessibility guidelines. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 WITNESS AT HEARING ON APPEAL. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 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. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. Muscle spasms are involuntary contractions or extensions of muscles. 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. Some joints are referred to as major joints, while others are referred to as minor joints. Your spinal stenosis may cause or contribute to other medical conditions, as well. Causes can include herniated or bulging spinal discs. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Over time, you will attend additional annual exams at an area SCI Center. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. you may be able to get a higher rating due to incapacitating episodes. Function: Postural support of body; extension and lateral movements of spine. 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 . 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. 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. 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. 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. Spinal stenosis is a disorder that affects your back. 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). Muscle guarding occurs when muscles react to prevent pain or discomfort.

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