By continuing to use our website, you agree to these updates. 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. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Disclaimer: This information is not legal advice. All rights reserved. So, they compensate them for the disability on a secondary basis. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. The technical storage or access that is used exclusively for statistical purposes. Full eligibility requirements 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 intervertebral disc syndrome, you may be able to get a higher rating due to incapacitating episodes. Fax: (757) 220-9451. If your back is not frozen, VA doctors will base their assessment on how much range of motion you have left, which they will measure with a goniometer. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 If your condition meets the listing criteria, it will automatically be considered a disability. As discussed above, nerve pain in the leg may be diagnosed as a leg injury rather than spinal stenosis. We invite you to contact us and welcome your calls, letters and electronic mail. 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. I have my transportation now. 20 percent disability rating: $327.99 per month. These measurements are taken while bending the neck and back forward and backward, tilting the neck and back from size to side, and rotating the neck and back to each side. Our doctors know how service-connected disabilities work, so they know what to look for in your file. 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. yet assertive representation for our clients. Spinal stenosis is a form of degenerative disc disease. The amount of base compensation veterans receive . Copy this embed code to share the infographic on your own site. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. While these codes may seem important, the rating formula is the same whether you suffer from spinal stenosis, intervertebral disc syndrome, vertebral dislocation or fracture or another condition. The VA routinely mishandles spinal injury claims. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: To find out more, view our Privacy Policy. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. The VA has a separate rating system for these conditions. The disability rating may be even lower depending on the segment of the spine that is frozen. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. It may result in a higher rating, and therefore a greater monthly disability compensation amount. 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. Both upper (cervical) and . If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. Experienced Social Security Disability Lawyer. 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. We use cookies to optimize our website and our service. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. 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. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. This test results in six measurements taken while moving the neck for the cervical spine and six measurements taken while moving the back for the lumbar spine. Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. In that case, a lumbar spine and cervical spine frozen in an unfavorable position is given a VA disability rating of 100%. Additional medical appliances may be required. 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. Contacting us does not create an attorney-client relationship. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Phone: (757) 220-4529. The rating will largely depend on whether you have lost range of motion as a result of stenosis. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. 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. Camp Lejeune Lawsuit. Basically, the SSA understands it's harder to go back to school, move for work or change careers after age 50. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Foraminal stenosis is the narrowing or the tightening of the openings located between the bones of your spine. Surgery can cost anywhere from $20,000 to $150,000 with a microdiscectomy or discectomy being the least expensive and spinal fusion costing the most. Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal stenosis. 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. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. As the foramen close in, it can lead to those nerves becoming pinched. Hill & Ponton P.A. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Traumatic arthritis causes symptoms similar to other types of arthritis such as pain, inflammation, and build-up of fluid around the affected joint. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. 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. Registration is FREE of charge! I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. 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. Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. They may also be used to keep track of what [products, video, links, etc.] The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. This can lead to a misdiagnosis of spinal stenosis. Disability benefits are paid for service-connected disabilities. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Yes No Does applicant expect to be out of work for at least 12 months? VA/DoD CLINICAL PRACTICE GUIDELINE FOR DIAGNOSIS AND TREATMENT OF LOW BACK PAIN Department of Veterans Affairs Department of Defense . The VA assigns rating percentages based on the frequency of incapacitating episodes. Have you been affected by Camp Lejeune water contamination? If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. Cookies help us deliver the best experience on our website. Please call for an appointment before visiting: Mail Processing Center: P.O. Spinal stenosis is most commonly experienced in the neck and lower part of the back. In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. Rather, they are added using VA math. An increase at this point for a spine disability requires additional loss of range of motion, ankylosis, or . Some joints are referred to as major joints, while others are referred to as minor joints. Thank you so much Woods & Woods. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. You may also qualify for a 100% rating if your back injury renders you. 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. Spinal discs act as cushions between your vertebrae. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. Use our VA disability calculator to estimate your. AVVO 10/10 Superb Rating, BBB A+ Rated. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201

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