REASONS FOR REMAND The Veteran served on active duty from February 1976 to January 1977. Hill & Ponton P.A. Spinal stenosis in some cases can be a permanent disability if it effects your ability to perform basic day to day functions. Since most of the tiers are 50% and below, none of them can be the main disability to qualify you for TDIU. Less frequently, stenosis can occur in the upper back (thoracic). Disability Benefits for Lumbar Spinal Stenosis (LSS) About Lumbar Spinal Stenosis (LSS) Lumbar spinal stenosis (LSS) is a spinal disorder that describes the narrowing of the spinal canal resulting in the compression of the spinal cord and nerves in the lower back. Acquired spinal stenosis develops in adulthood, usually due to degeneration in the spine caused by age. 3 posts 5238 Spinal stenosis 5238 Spinal stenosis. In severe cases, or where the use of conservative treatment options just isn’t effective for you, you and your doctors may consider surgery. 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. In addition, many veterans are eligible to receive both Veterans disability and Social Security benefits at the same time. If partial entitlement exists, apply to rating at Step 4. The VA routinely mishandles spinal injury claims. The VA gives every veteran who applies for benefits a disability rating. The VA generally rates DDD between 10 and 20%, depending on the number of joints affected. Citation Nr: 18160575 Decision Date: 12/27/18 Archive Date: 12/27/18 DOCKET NO. REASONS FOR REMAND The Veteran served on active duty from February 1976 to January 1977. It is listed in the VA Schedule for Rating Disabilities under the listings for Musculoskeletal System, Diseases and Injuries of the Spine. If your MRIs don’t 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. D.D. Generally speaking, the higher your rating, the more benefits you’re likely to receive. Other conditions that cause instability in the spine, such as degenerative disk disease, arthritis , or scoliosis, can require spinal … 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. However, a VA rating for Sciatica can range from 10% to 80%, depending upon the severity of symptoms. Citation Nr: 18160575 Decision Date: 12/27/18 Archive Date: 12/27/18 DOCKET NO. 4. Unfortunately, spinal injuries tend to receive low disability ratings despite the fact that they can be quite debilitating. 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. On most days, the veteran is unable to bend forward more than 60 degrees. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Bulging discs dry out over time and can lose their shape. Based on the fact that the VA has four levels of disability … Burn Pits: The Agent Orange for Post-9/11 Veterans, “Other related factors” must be considered in extraschedular analysis. We are sorry that this post was not as useful for you! The only thing that will do that, though, to the best of my knowledge, is proof by EMG/NCV that there is disability. If a presumed condition is diagnosed in a Veteran in a certain group, they can be awarded disability compensation. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Contact Us. Copyright © 2021 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved. You can talk these problems over with your physician, as well. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 These complications of stenosis are called. Later you develop a spinal stenosis in your neck (cervical) area. Your VA treatment records reported back apin with mild spinal canal stenosis and minimal degenerative disc disease. This rating schedule considers factors like range of motion when awarding a specific percent rating. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Share this page via Email. Acquired spinal stenosis is spinal stenosis due to cervical disc disease or cervical facet joint osteoarthritis. While some people have intermittent pain or numbness when walking, others are so severely impacted that they require surgery. Social Security Disability Benefits Guide, 5 Important Things to Remember about your Social Security Claim, Individual Unemployability Rating Calculator, The State of Veteran Health Benefits in the US, The Physical and Mental Health of Veterans, 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. Ranging from zero to 100 percent, this figure helps determine the benefits you’ll receive. Va rating of 60%. If your are born with spinal stenosis, it is primary. The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula – Spinal Stenosis and Select Spinal Conditions. VA Ratings For Spinal Arthritis & Back Pain. Work credits are calculated by how old you are and how long you have worked. Chicago, IL: 55 E. Monroe Street, Suite 3800, Chicago, IL, 60603 Cervical central canal stenosis is when the narrowing of your spinal canal occurs in your neck, in the upper part of your spinal cord. It may result in a higher rating, and therefore a greater monthly disability compensation amount. You must have a positive imaging test (MRI, myelography, and/or CT scan) showing evidence of lumbar spinal stenosis. VA Disability Claims (General) > 5238 Spinal stenosis. From June 13, 1994, to November 26, 2006, entitlement to an initial disability rating higher than 10 percent for spinal stenosis and degenerative disc disease of the cervical spine. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. https://cck-law.com/blog/va-disability-ratings-for-spinal-stenosis means your spine is locked in a position that is something other than vertical. If your MRIs don’t show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have. The second section provid… This website adheres to the W3C’s AA Accessibility guidelines. If you believe you may have been wrongly denied benefits, you may benefit from the services of a VA disability lawyer. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. These two types of spinal stenosis can be summarized as follows: Some people with spinal stenosis do not exhibit symptoms. So, individuals with a low range of motion and other severe symptoms will receive a higher VA disability rating for DDD. Vertebral fractures and dislocations (diagnostic code 5235). However, when experiencing a flare-up, the veteran is unable to bend forward more than 30 degrees. Thank God I am a Vet. General Rating Formula for Diseases and Injuries of the Spine, VA Disability Ratings for Sleep Disturbances, Understanding Your VA Disability Compensation Award Letter, 50% VA Disability Rating for Migraine Headaches. Errors are frequently made when rating conditions. Learn more about us, Veterans Disability Claim 09-40 639 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Entitlement to a rating in excess of 20 percent for chronic low back pain from multilevel degenerative disc disease and spinal… Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. The closest you could get with the fewest ratings would be to have a 40% or 50% rating for your neck and then another 40% rating for something else. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The Back and Spine Overview . Lumbar Spinal Stenosis (LSS) is a relatively common problem affecting over 400,000 people a year in the United States. These are periods of acute pain severe enough for a doctor to proscribe bed rest. Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. You should see a doctor if you are experiencing severe back pain, weakness, numbness or loss of control of an extremity, “foot drop,” bowel and/or bladder problems, or numbness in your saddle area. Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. Over time, you will attend additional annual exams at an area SCI Center. The Veterans Administration recognizes spinal stenosis as a disability. Do You Have Disability Insurance Coverage? Symptoms vary depending on the location of the stenosis and which nerves are affected. An unfavorable position means your spine is locked in a position that is something other than vertical. Does RAMP Change the Process for Filing an Initial Disability Claim With VA? This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. If veterans experience flare-ups of back pain due to spinal fusion, they may be eligible for a higher disability rating. ). The VA disability rating system separates orthopedic conditions affecting the spine into neck conditions (the cervical spine) and back conditions (the thoracolumbar spine). The chapter is divided into three sections. Primary spinal stenosis is a condition present from infancy, and is not nearly as common as acquired. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. If you have a condition of the spine that makes it impossible for you to work and earn a living, you may qualify for Social Security Disability benefits. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. While the VA diagnostic code has a maximum rating of 50%, it is possible to get a greater rating if you can prove how your spinal condition limits your function and your life. Ranging from zero to 100 percent, this figure helps determine the benefits you’ll receive. When symptoms are present, they usually start gradually and worsen over time. For spinal injury ratings, your range of … These secondary conditions would be rated separately from the underlying spinal condition. Below, I’ve used a ratings table to illustrate how selected neurological and psychological symptoms rate on the veterans disability rating system. The Musculoskeletal … 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. for incapacitating episodes totaling at least 6 weeks during the past 12 months; for incapacitating episodes totaling at least 4 weeks but less than 6 weeks during the past 12 months; for incapacitating episodes totaling at least 2 weeks but less than 4 weeks during the past 12 months; for incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. Do You Qualify for Long Term Disability Benefits? 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. Disclaimer: This information is not legal advice. In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. 17-08 149 DATE: December 27, 2018 REMANDED Entitlement to an aortic valve disorder (to include aortic stenosis) as secondary to a service-connected disability is remanded. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. Did you take ZANTAC regularly and later develop cancer? 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. San Jose, CA: 2880 Zanker Road, Ste. Please call for an appointment before visiting: Mail Processing Center: P.O. Share. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. This is because of the unique circumstances of a specific Veteran’s military service. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Lumbosacral or cervical strain (diagnostic code 5237) – used to refer to neck or back pain. 5235 Vertebral fracture or dislocation 5236 Sacroiliac injury and weakness 5237 Lumbosacral or cervical strain 5238 Spinal stenosis You can receive a 20% disability rating with X-ray evidence that involves two or more of the main joints or two or more of the minor joint groups. The higher your VA rating, the more you may be able to receive in monthly compensation. Example for 2020 using the same disability rating 1998 - Initially Service Connected @ 10% RESULT: Service Connection Protected in 2008 The highest possible VA disability rating for Radiculopathy, across all radicular groups, with complete paralysis, is 90%. Over time, you will attend additional annual exams at an area SCI Center. How Do I Calculate VA Disability Compensation & Benefits? 5235 Vertebral fracture or dislocation 5236 Sacroiliac injury and weakness 5237 Lumbosacral or cervical strain 5238 Spinal stenosis Author Attorney Greg Reed: The American Academy of Orthopedic Surgeons estimates that spinal stenosis affects 8 … This opinion will be most favorable when it comes to establishing service connection. The VA disability rating system for spinal stenosis is the same general formula as for other similar spinal conditions, including: If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School. Can I get disability benefits if I am suffering from the effects of Spinal Stenosis? Entitlement to an initial disability rating higher than 10 percent for degenerative disc disease of the thoracic spine. While the VA diagnostic code has a maximum rating of 50%, it is possible to get a greater rating if you can prove how your spinal condition limits your function and your life. Lumbar spinal stenosis is generally diagnosed in people over the age of 50, and the symptoms of the condition vary from person to person. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Updated: August 3, 2020. VA Disability Ratings for Spinal Stenosis. How to get your questions answered. Those are who are entitled to SSDI benefits are people who at one point could work, … Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Qualifying for Social Security Disability for Stenosis To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. Most of the time, spinal stenosis occurs in the lower back and the neck. Claims involving the spine, both the cervical spine and the thoracolumbar spine, are rated under the same general rating formula. To continue receiving VA disability benefits, you should be compliant with these exams. To qualify for the total unemployability disability benefit, you must meet two distinct criteria: Note that there’s a significant difference in monthly disability benefits between a 40% disability rating and a 100% disability rating. Entire spine is frozen in an unfavorable position. Free Consultation . Charleston, SC: 4000 S. Faber Place Drive, Suite 300, Charleston, SC, 29405 Can Spinal Stenosis qualify for SS Disability Benefits? 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. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. Social Security Disability Claim The general rating formula for diseases and injuries of the spine provides for the disability ratings under DC's 5235 to 5243, unless the disability rated under DC 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, for diseases and injuries of the spine, with or without symptoms such as pain (whether or not it radiates), … This metric is used in calculating your VA disability rating. 8100 Migraine: With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability Copyright © 2021 Hill & Ponton, P.A.. All Rights Reserved. To facilitate this process, the VA has created a ratings table…. The first section provides criteria to assess impairment of the upper limbs and musculoskeletal chest conditions. Other causes of spinal stenosis may include: Arguably the most important part of the VA disability claims process is establishing service connection. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). For spinal injury ratings, your range of motion is taken into consideration. Back injuries are a common complaint after military service. According to the VA, flexibility must be fairly limited to even get a 20 percent disability rating. Thank God I am a Vet. Spunky I was looking at some of the changes and saw codes 5235-5243 are being removed, would " Spinal Stenosis" (5238) no longer be a rated disability moving forward? Spinal stenosis is usually the result of the aging process; however, a bulging or ruptured disc may also be the cause. The latter two will show whether soft tissue may be impinging or invading the spinal cord area. The three elements needed to make a successful service connection claim include: When assessing your disability claims, VA examiners will look at your medical records during your time in the military and for a period afterward for evidence of a service connection. There are two types of spinal stenosis; cervical stenosis occurs in the neck while lumbar stenosis, the most common form, occurs in the lower back. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: VA Rating for Spinal Conditions. For the purposes of calculating a veteran’s total disability rating, back and neck impairments are treated as separate disabilities (except for unfavorable ankylosis of both segments, which is treated as a single condition). 203, San Jose, CA 95134 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. Who Is Eligible for VA Service-Connected Disability Compensation? This is the Disability Assessment. You also need to meet the amount of work credits in order to qualify. How Exactly Does RAMP Work for Veterans’ Disability Appeals? Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Copy this embed code to share the infographic on your own site. Citation Nr: 1761179 Decision Date: 12/29/17 Archive Date: 01/02/18 DOCKET NO. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. which may qualify you for a higher rating. Entitlement to a total disability rating based on individual unemployability (TDIU). In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. For example: Suppose you were diagnosed with whiplash as a result of a Humvee accident while you were in the service. One would think that a diagnosis of stenosis would get you rated for the nerve group affected. VA rates spinal stenosis according to 38 CFR § 4.71a – Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. 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. While we still have our home base in Florida, 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. So, spinal disabilities focus on the lack of mobility or range of motion. Note (6): Separately evaluate disability of the thoracolumbar and cervical spine segments, except when there is unfavorable ankylosis of both segments, which will be rated as a single disability. The VA uses ankylosis in providing ratings for the following conditions: •5235 Vertebral fracture or dislocation •5236 Sacroiliac injury and weakness •5237 Lumbosacral or cervical strain •5238 Spinal stenosis •5239 Spondylolisthesis or segmental instability •5240 Ankylosing spondylitis •5241 Spinal fusion Meaning that if you are significantly limited in your ability to bend at the waist, you might qualify for the 20 percent rating. Spondylolisthesis/segmental instability (diagnostic code 5239) refers to a condition that causes vertebrae to slip forward over the vertebrae below it. Lumbar Spinal Stenosis (LSS) is a relatively common problem affecting over 400,000 people a year in the United States. you may be able to get a higher rating due to incapacitating episodes. 15K … The VA doesn’t usually give 100% TDIU for just a single disability. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. Lumbar stenosis usually affects individuals above 50 years of age or older, and both males and females are affected. 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. In such cases, the VA is able to consider certain…, Once the VA has acknowledged that your disability is related to service—i.e. If these conservative options don’t get results, your doctor may recommend injecting a corticosteroid into your spine, which can give you relief for a few days or weeks. yet assertive representation for our clients. It also has four disability ratings starting at 100% and going down to 0%. https://www.woodslawyers.com/spinal-stenosis-va-disability-benefits However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. Ratings are used by the VA to determine the severity of an injury. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. You may also be able to show your spinal stenosis is service-related via a secondary service connection. At Hill & Ponton, we have helped thousands of veterans successfully resolve their disability claims with the VA. For a free, confidential, no-obligation evaluation of your case, total disability individual unemployability, Extraschedular Ratings for VA Disability Claims, VA Disability Ratings for Spinal Stenosis, Total Disability Based On Individual Unemployability, Why you may need a veterans disability attorney. 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 150 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM ≤ 170%, Flexion between 30 and 60 degrees OR combined ROM of ≤ 120%. 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. Spinal fusion (diagnostic code 5241) refers to a surgical technique in which the vertebrae are bolted to each other to restrict movement. There’s no presumptive benefit – the burden is on the veteran to demonstrate a service connection to the stenosis. Spinal stenosis is a narrowing of the spaces within your spine, which can put pressure on the nerves that travel through the spine. In order to qualify for SSDI benefits, your disability such as spinal stenosis needs to match the requirements listed by the SSA in the Blue Book. Share with: Link: Copy link. we represent clients nationwide. The sum of all these degree measurements together is called the ROM (range of motion) measurement. These are periods of acute pain severe enough for a doctor to proscribe bed rest. VA Ratings For Spinal Arthritis & Back Pain In order to ensure that you’re getting the most out of your disability claim, you need to understand how the VA rates your condition. VA presumes that certain disabilities were caused by military service. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 The VA classifies degenerative disc disease as a musculoskeletal disorder of the spine. Entire thoracolumbar spine is frozen in an unfavorable position. The Veterans Administration recognizes spinal stenosis as a disability. VA Training and Fast Letter Forum Index; Like Us On Facebook; 6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach … 56 1. VA Disability Claims (General) > 5238 Spinal stenosis. Share with: Link: Copy link. Call 800-544-9144 today for a free case evaluation or contact us here. Dear Veteran, here’s the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA…This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. General VA Disability Compensation Benefits Claims Forums ; VA Disability Compensation Benefits Claims Research Forum ; How Do You Rate Severe Spinal Stenosis Announcements. If you are struggling to obtain a fair VA disability rating for degenerative disc disease, the Berry Law Firm can help. https://www.hillandponton.com/va-disability-ratings-for-spinal-stenosis Share. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235
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