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Since that time, we have provided compassionate 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. 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. Do you have a low back (lumbar) injury related to your military service? 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. We have updated our Privacy Policy. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. To provide even more value to our veterans, this page is only available with an All-Access Membership. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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. 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. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. 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 rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. Some joints are referred to as major joints, while others are referred to as minor joints. If your service-related stenosis causes a secondary condition, that condition would be rated separately by the VA. . 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. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. When you visit web sites, they may store or retrieve data in your web browser. The amount of base compensation veterans receive . As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. 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) When the nerves are compressed, electrical signals passing along those nerves can become disrupted. Intervertebral Disc Syndrome (IVDS) and VA Disability If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. San Jose, CA: 2880 Zanker Road, Ste. Your spinal stenosis may cause or contribute to other medical conditions, as well. 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. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. It will also help if someone else in your division remembers what happened. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 I want to thank Woods & Woods for not letting me give up. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected 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. These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. 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. Use our VA disability calculator to estimate your. Forever Grateful, [K.S.]. Additional medical appliances may be required. This means that the effects of spinal stenosis are not limited to the back. To collect VA disability compensation benefits, you must show that your spinal stenosis disability claim was caused or aggravated by your military service. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. 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. We assign you a disability rating based on the severity of your service-connected condition. Their testimony can mean the difference between an approval or a denial of your case. 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. That is, they get it wrong more than half the time. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. 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 . Other back impairments have a maximum schedular rating of 60 percent or lower. Under the VA regulations, you may request an extra-schedular rating for your disability. Fill out the short form below to contact us. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation 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. 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. What Is Foraminal Stenosis And Can I Qualify For Benefits? By continuing to use our website, you agree to these updates. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. They will have you move, twist, or turn as far as you can without reaching your limit or experiencing significant pain and note the degrees of movement you can manage. ATTORNEY FOR THE . REPRESENTATION. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Spinal Stenosis by itself means literally nothing, other than that you have a narrowing of the spinal canal at some point (which about 70% of adults have normally). 5238 Spinal stenosis - Veterans Benefits Network Questions for those familiar with spinal issues and ratings Spinal stenosis is typically diagnosed with x-rays or MRIs of the spine showing a narrowing of the spinal canal. 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 . This narrowing can be caused by physical injury or degeneration of the spine. For example, if the cervical spine ROM measurements are 15, 30, 0, 30, 45, and 45, the total ROM would be 165. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. As the foramen close in, it can lead to those nerves becoming pinched. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Spinal stenosis can cause symptoms throughout the body. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. VA Disability For Back Pain // Appeals, Claims, Denials - Vet Spinal stenosis - Symptoms and causes - Mayo Clinic General VA Disability Compensation Benefits Claims Forums . Have you been affected by Camp Lejeune water contamination? The spine is considered as a minor joint. If you have multiple disability ratings, we use them to calculate . VA Disability Rating for Degenerative Disc Disease: A Guide - Berry Law If you experienced a back injury during active duty, or an injury that later contributed to back pain, you may be eligible for disability benefits.