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Appellant represented by: Disabled American Veterans. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Va rating of 60%. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Our firm was founded in 1986 in Orlando, Florida. If you do not allow these cookies, you will experience less targeted advertising. Williamsburg, VA 23185. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. For example, the specific code for degenerative arthritis of the spine is 5242. Let's talk about your VA disability benefits. 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) If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. 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. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. 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. There are two types of spinal stenosis treatment: surgical and non-surgical. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans About VA Disability Ratings | Veterans Affairs - VA.gov Home | Veterans I have my transportation now. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. 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. Function: Postural support of body; extension and lateral movements of spine. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be separately rated unless both are frozen in an unfavorable position. 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. This occurs when the soft tissue discs between segments of the spine become displaced and are squeezed into the spinal nerve canal or into the ventral nerve roots. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Rheumatoid arthritis is rated under its own rating system. It results in chronic pain, numbness, and weakness in your body. About VA disability ratings. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw I was hoping someone could point me in the right direction with spinal issues and VA ratings. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. 1.00 Musculoskeletal Disorders - Adult - Social Security Administration Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Have you been affected by Camp Lejeune water contamination? These are periods of acute pain severe enough for a doctor to proscribe bed rest. 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. 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. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Under the VA regulations, you may request an extra-schedular rating for your disability. This opinion will be most favorable when it comes to establishing service connection. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Use our VA disability calculator to estimate your. Is Spinal Stenosis A Permanent Disability | Disability Help However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. You may not notice at the onset, but the pain will evolve slowly over time. Were You Denied VA Disability Benefits for Spinal Stenosis? Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Camp Lejeune Lawsuit. Their testimony can mean the difference between an approval or a denial of your case. Contacting us does not create an attorney-client relationship. That is, they get it wrong more than half the time. To facilitate this process, the VA has created a ratings table. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. 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. Since that time, we have provided compassionate for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . We have updated our Privacy Policy. You may be owed compensation. This field is for validation purposes and should be left unchanged. 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 These cookies collect information about how you use our website. For instance, which pages you go to most. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. 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. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. However, Veterans can also receive disability compensation on a secondary basis. Schedule an MRI consultation today! A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 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. As mentioned above, spinal stenosis is typically diagnosed with x-rays or MRIs that show a narrowing of the spinal canal. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. have the greatest impact on the veterans ability to work. The Truth About Spinal Stenosis: Causes Symptoms And Treatments VA Disability For Back Impairments - The Veterans Law Office 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. 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. To qualify for a 100% rating for stenosis, you would have to have severe ankylosis across your entire spine, locking your spine in an unfavorable condition, unless you have one or more severe secondary conditions. This can lead to a misdiagnosis of spinal stenosis. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. In some cases, the VA may help veterans get surgery to treat spinal stenosis. Spinal discs act as cushions between your vertebrae. These cookies do not store any personal information. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. What Is Foraminal Stenosis And Can I Qualify For Benefits? We invite you to contact us and welcome your calls, letters and electronic mail. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. 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. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. Yes, but you should talk to a VA Disability law attorney first. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation 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. By using our website, you agree to the use of certain cookies. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Berry Law gets Veterans the disability compensation they earned. You may also qualify for a 100% rating if your back injury renders you. Neck muscle injuries. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Our doctors know how service-connected disabilities work, so they know what to look for in your file. This is particularly true because nerve pain in the extremities can severely impact your earning ability. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. 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. The spine is considered as a minor joint. Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Errors are frequently made when rating conditions.