These cookies dont collect information that identifies you. For example, the specific code for degenerative arthritis of the spine is 5242. An unfavorable position means your spine is locked in a position that is something other than vertical. I was hoping someone could point me in the right direction with spinal issues and VA ratings. Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes causes pain to radiate into the arms and legs. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Find Out How To Qualify for Disability with Degenerative Disc Disease Federal Register :: Schedule for Rating Disabilities; The Spine 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. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Can I Get a Higher VA Rating for a Back Disability? Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 That is, they get it wrong more than half the time. 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. If you continue to use this site we will assume that you are happy with it. Its never too late to apply for VA benefits. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw . This is particularly true because nerve pain in the extremities can severely impact your earning ability. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? 20% Spinal Stenosis VA Rating Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. When the nerves are compressed, electrical signals passing along those nerves can become disrupted. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. These secondary conditions would be rated separately from the underlying spinal condition. Is spinal stenosis a disability? Explained by Sharing Culture This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. VA Disability Ratings for Spinal Stenosis | CCK Law Contacting us does not create an attorney-client relationship. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. Our goal is to help all fellow Veterans get the disability benefits they deserve. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Get Directions. That is, they get it wrong more than half the time. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. VA Disability Benefits for Sciatica and Similar Nerve Conditions What Is Foraminal Stenosis And Can I Qualify For Benefits? VA Disability Ratings for Back Pain and Spinal Arthritis. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Pain, numbness, tingling, muscle weakness, and loss of motor control are some of the symptoms of the condition. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. 5238 Spinal stenosis - Veterans Benefits Network Numbness or tingling in a hand, arm, foot, or leg, Pain or cramping in one or both legs when you stand for long periods of time or when you walk, which usually eases when you bend forward or sit. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. So, spinal disabilities focus on the lack of mobility or range of motion. 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. In all other cases, the ROM measurements of the lumbar spine are rated separately from the ROM measurements of the cervical spine. The Truth About Spinal Stenosis: Causes Symptoms And Treatments These mistakes cost veterans at least $5.9 million in payments over the period studied. Less frequently, stenosis can occur in the upper back (thoracic). Another way to connect your disability to your service is to show that you had been diagnosed with spinal stenosis prior to your service, and the condition worsened during your service. Entire cervical spine is frozen in an unfavorable position. To continue receiving VA disability benefits, you should be compliant with these exams. When symptoms are present, they usually start gradually and worsen over time. 14K 1,344 9. VA Disability Rating for Degenerative Disc Disease Explained (The 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. The rating will largely depend on whether you have lost range of motion as a result of stenosis. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Does Spinal Stenosis Qualify for Disability Benefits? We advocate for the disabled. Updated: August 3, 2020. 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. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. 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. The disability rating is the highest rating produced by the rating tables. If we can show that you had spinal stenosis while in the service but you were misdiagnosed, you might even get some substantial back pay. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities The sum of all these degree measurements together is called the ROM (range of motion) measurement. bulging, herniated, or degenerated disc and request a re-calculation, Get Our Team Started Reviewing Your Case for Free Today, you should talk to a VA Disability law attorney first, Nervous System Conditions VA Disability Articles, Woods and Woods fought hard for this Army Veteran. A favorable position means that the spine is frozen at the baseline position or 0% flexion. But it can also be a result of a spinal injury. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. I bought a home. 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. VA Disability For Back Pain // Appeals, Claims, Denials - Vet Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: If you were denied VA disability benefits for spinal stenosis, Chisholm Chisholm & Kilpatrick LTD may be able to help you through the appeals process. As with most medical conditions, the VA disability rating for back pain depends on a variety of factors. 38 CFR 4.71a - Schedule of ratings - LII / Legal Information Institute If you do not allow these cookies, you will experience less targeted advertising. You may be owed compensation. Radiculopathy | Johns Hopkins Medicine Schedule an MRI consultation today! Have you been affected by Camp Lejeune water contamination? These ratings are added together using VA math for an overall VA disability rating for spinal stenosis.
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