A favorable position means that the spine is frozen at the baseline position or 0% flexion. VA Disability Rating for Neck Pain | The Tuley Law Office Secondary service connection occurs when a service-connected disability causes another disability. 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. The New Rating System for Back and Neck Spinal Disability - Lawyer Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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, PTSD can lead to sleep apnea. 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. Spine Condition Ratings. 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. Whether it manifests itself in your back or through nerve pain throughout your extremities, a VA attorney can help you to obtain the medical examination and collect the records to support your VA disability claim. The VA assigns rating percentages based on the frequency of incapacitating episodes. Not necessarily, but its worth looking at your C-File to see if you had spinal stenosis during your service and it was incorrectly diagnosed. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. 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. Learn more about us, Veterans Disability Claim You may not notice at the onset, but the pain will evolve slowly over time. To establish service connection, veterans must generally do the following: Evidence to support your VA disability claim may include military personnel and medical records, lay testimony, and medical opinions. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 I want to thank Woods & Woods for not letting me give up. 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%. You may also qualify for a 100% rating if your back injury renders you. In most cases, the medical listing will be insufficient. This information is not a substitute for legal advice. We are sorry that this post was not as useful for you! For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. These secondary conditions would be rated separately from the underlying spinal condition. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. When pursuing a VA disability rating for back pain, its important to know your options. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities 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. Contact a VA attorney who can assist you wherever you live and without regard to whether you were deployed. This disruption can cause strange sensations and loss of muscle control in the affected areas. 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. Entitlement to a rating in excess of 20 percent for chronic low back Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks.. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. Unfavorable means any position that is not 0 degrees in flexion or extension. You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. QUALIFYING STATEMENTS . An unfavorable position means your spine is locked in a position that is something other than vertical. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. Because the symptoms of spinal stenosis are not limited to back pain and ROM, you can investigate whether there are alternate options for obtaining a fair VA disability rating. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. So, spinal disabilities focus on the lack of mobility or range of motion. Federal Register :: Schedule for Rating Disabilities; The Spine The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. As you can see, ROM measurements play a significant role in rating spinal conditions. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. 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. 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. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. So, they compensate them for the disability on a secondary basis. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. This will effectively increase your VA disability rating. Because c-spine stenosis is a degenerative illness, a person's condition will continue to deteriorate . I have my transportation now. With regard to the medical opinion, doctors must state that your condition is at least as likely as not due to your time in service. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Their testimony can mean the difference between an approval or a denial of your case. The RO assigned an initial 10 percent rating for the disability, effective June 13, 1994. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Over time, you will attend additional annual exams at an area SCI Center. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. Schedule an MRI consultation today! Vertebral fractures and dislocations (diagnostic code 5235). If your spinal stenosis was caused by another service-connected disability, you can apply for secondary service connection. A 40% VA Rating for the Lumbar Spine - YouTube In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. For example, if the spine is frozen tilted to one side or leaning forward, that would constitute an unfavorable position. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Your doctors will also discuss ongoing treatment and support needs, physical and occupational therapy, and try to identify and treat any worsening symptoms or functions. Back braces or corsets are $200 or more. You could be entitled to $3,627 per month! Neck muscle injuries. You may qualify for VA disability compensation if you have an illness linked to Gulf War serviceoften called Gulf War Syndromein Southwest Asia, including Iraq, Kuwait, Saudi Arabia. Spinal stenosis simply refers to the narrowing of the spinal canal which results in pain, weakness, and numbness when nerves are compressed. 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). 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. 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. It will also help if someone else in your division remembers what happened. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. 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. The spine is considered as a minor joint. 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 . 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. Since that time, we have provided compassionate However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Spinal conditions can cause nerve problems as well. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Did you receive a VA disability compensation rating of 40%? Also, the VA requires that all ROM measurements be taken with a goniometer. This website adheres to the W3Cs AA Accessibility guidelines. We advocate for the disabled. . 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. PDF VA/DoD Clinical Practice Guideline for Diagnosis and Treatment of Low 14K 1,344 9. Updated: August 3, 2020. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute Confidential or time-sensitive information should not be sent through this form. These cookies may be set through our website by our advertising partners. WITNESS AT HEARING ON APPEAL. 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. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. 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. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. If you have multiple disability ratings, we use them to calculate . VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. Typically, this would be established by medical records from your time in the military showing that your condition worsened. Va rating of 60%. An. 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. Contacting us does not create an attorney-client relationship. While we still have our home base in Florida, This can be demonstrated by muscular atrophy, poor blood circulation, and limited movement of the affected body part. An unfavorable position means that the spine is frozen in a position other than the natural upright position. Spinal discs act as cushions between your vertebrae. NOTE: Entitlement of a spinal condition includes spinal stenosis. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 30 percent disability rating: $508.05 per month. This means that the effects of spinal stenosis are not limited to the back. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 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. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Do You Qualify for Long Term Disability Benefits? The disability rating is the highest rating produced by the rating tables. Rheumatoid arthritis is rated under its own rating system. 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. However, these secondary service-connected disabilities are not cumulative. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. About VA disability ratings. VA Disability For Back Impairments - The Veterans Law Office VA Disability Ratings for Spinal Stenosis, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, General Rating Formula for Diseases and Injuries of the Spine. How the VA Rates Spinal Stenosis in Florida? This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. For example, the specific code for degenerative arthritis of the spine is 5242. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. These cookies do not store any personal information. This opinion will be most favorable when it comes to establishing service connection. 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 metric is used in calculating your VA disability rating. 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 . Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. 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) Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. 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. General VA Disability Compensation Benefits Claims Forums . A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Errors are frequently made when rating conditions. Please call for an appointment before visiting: Mail Processing Center: P.O. Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and You served in a location that exposed you to Agent Orange Keep reading for the full eligibility requirements. All the disabilities stemming from spinal stenosis should be accounted for in a fair VA disability rating. 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. When symptoms are present, they usually start gradually and worsen over time. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. If there is painful motion, a 10% rating will be assigned. The spine is considered as a minor joint. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation Berry Law gets Veterans the disability compensation they earned. If radiculopathy is caused by a neck condition, the symptoms will be felt in the shoulder and can travel down the arm and into the hand. This can severely affect your movement and eventually takes a toll on your ability to move. A very common impairment caused by this nerve compression is sciatica. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. According to Mayo Clinic, a nonprofit academic medical center, spinal stenosis is a narrowing of the space where the nerves run through your spine, causing pain by putting extra pressure on these spinal nerves. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. Yes No Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. Contact Berry Law today if you need assistance appealing your VA decision. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Cookies help us deliver the best experience on our website. We get emails all the time asking if certain health problems qualify for benefits. There are two types of spinal stenosis treatment: surgical and non-surgical. For example, if your VA disability rating for spinal stenosis is based on total ROM but ignores a flexion ROM that would result in a higher VA disability rating, it can be challenged by pointing out the mistake and asking for a review at the same level or by a higher-level authority.

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