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Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. Call 800-544-9144 today for a free case evaluation or contact us here. Do You Qualify for Long Term Disability Benefits? 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. When symptoms are present, they usually start gradually and worsen over time. Also, the VA requires that all ROM measurements be taken with a goniometer. I served during peace timein theArmy. You may not notice at the onset, but the pain will evolve slowly over time. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). Camp Lejeune Lawsuit. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. THE ISSUE. 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: For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. A favorable position means that the spine is frozen at the baseline position or 0% flexion. 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. We have updated our Privacy Policy. Spinal stenosis is a type of back injury that a Veteran could develop after an in-service injury. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Most issues that cause temporary (not chronic) back pain receive a VA disability rating between 10%-40%. If the spine is frozen in a favorable position, the disability rating may be capped at 40%. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. . Rheumatoid arthritis of the spine leads to neck pain, back pain, and sometimes, 60% if there are severe incapacitating episodes that occur 4 or more times per year, 40% if there are incapacitating episodes that occur 3 or more times per year if there is a definite (but not necessarily significant) decrease in health, 20% if there are less than 3 incapacitating episodes per year. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. 203, San Jose, CA 95134 NOTE: Entitlement of a spinal condition includes spinal stenosis. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. How to Appeal a Denied Veterans Disability Claim I bought a home. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Spinal stenosis is a form of degenerative disc disease. 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, Your spinal stenosis may be accompanied by other back conditions, including, Lumbosacral or cervical strain (diagnostic code 5237) used to refer to neck or, Spondylolisthesis/segmental instability (, Ankylosing spondylitis (diagnostic code 5240) a painful type of spinal arthritis. Additional medical appliances may be required. Appellant represented by: Disabled American Veterans. Spinal stenosis is a disorder that affects your back. 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. We consistently provide experienced, compassionate and ethical representation to our clients. Confidential or time-sensitive information should not be sent through this form. This field is for validation purposes and should be left unchanged. Schedule an MRI consultation today! 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. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. 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. 20% Spinal Stenosis VA Rating Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. We are sorry that this post was not as useful for you! Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. The VA not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Yes, but you should talk to a VA Disability law attorney first. Disability benefits are paid for service-connected disabilities. 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. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. The amount of base compensation veterans receive . Incomplete paralysis can be determined as severe, moderately severe, moderate, or mild with disability ratings as low as 10 percent. Use our VA disability calculator to estimate your. This can sometimes be difficult to establish. have been offered surgery and epidurals havent decided yet but if anyone can weigh in on this.. if you have spinal stenosis DDD DJD hypert,etc are you suppose to file a claim for each one separately? 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. 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. For example, the specific code for degenerative arthritis of the spine is 5242. These cookies may be set through our website by our advertising partners. Degenerative arthritis is the chronic breakdown of the cartilage surrounding the joints. Feel free to call us at (866) 232-5777 anytime. 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. 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. Spinal stenosis Mental health disorders, such as depression and anxiety And more. We get emails all the time asking if certain health problems qualify for benefits. To find out more, view our Privacy Policy. When you visit web sites, they may store or retrieve data in your web browser. The information you obtain on this website is not, nor is it intended to be, legal advice. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. 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. All information these cookies collect is aggregated and therefore anonymous. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. It is rated under another diagnostic group. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. However, these secondary service-connected disabilities are not cumulative. When your medical disability occurred during your service, it is almost always presumed to be service-connected. 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. 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. You could be entitled to $3,627 per month! Did you receive a VA disability compensation rating of 40%? 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. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA).