But it can also be a result of a spinal injury. 4.71a Schedule of ratings - musculoskeletal system. You cannot do your prior occupation, and; You are unable to keep and maintain a job in the greater national economy due to your service-connected disability. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 They fought hard for me and got me more than I ever could dream of. NOTE: Entitlement of a spinal condition includes spinal stenosis. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Trouble walking, and loss of bowel or bladder control may also result. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. When rheumatoid arthritis affects the spine, it typically occurs in the cervical spine (the neck) rather than the thoracolumbar spine (the low back). 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%. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. Symptoms vary depending on the location of the stenosis and which nerves are affected. 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. In some cases, the VA may help veterans get surgery to treat spinal stenosis. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. These cookies are essential so that you can move around the website and use its features. Our firm was founded in 1986 in Orlando, Florida. Contact Info Is applicant currently receiving Social Security benefits? Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 13, 2020 by Mike Woods Last Updated on December 30, 2022. It may also cause bladder and bowel issues. However, these secondary service-connected disabilities are not cumulative. Thus, when a bulging or herniated disc in the cervical spine region causes six weeks of incapacitating episodes per year, you would be eligible for a 60% VA disability rating for neck pain. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. However, the VA still rates degenerative arthritis of the spine under the criteria listed for diagnostic code 5003. Other back impairments have a maximum schedular rating of 60 percent or lower. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. This can severely affect your movement and eventually takes a toll on your ability to move. The technical storage or access that is used exclusively for anonymous statistical purposes. These cookies may be set through our website by our advertising partners. During the months after surgery, veterans are entitled to a 100% disability rating so they can recover from the procedure. The information you obtain on this website is not, nor is it intended to be, legal advice. This field is for validation purposes and should be left unchanged. 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. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. We advocate for the disabled. The rating will largely depend on whether you have lost range of motion as a result of stenosis. Secondary service connection occurs when a service-connected disability causes another disability. Fax: (757) 220-9451. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) Not necessarily, but its worth looking at your C-File to see if you had spinal stenosis during your service and it was incorrectly diagnosed. Yes No Does applicant expect to be out of work for at least 12 months? 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. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). A fair VA disability rating for spinal stenosis can be difficult to obtain. An unfavorable position means that the spine is frozen in a position other than the natural upright position. You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region. . So, spinal disabilities focus on the lack of mobility or range of motion. If the arthritis does not cause any episodes of incapacitation, but 2 or more joint groups are involved, then a 10% rating will be assigned. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. An unfavorable position means your spine is locked in a position that is something other than vertical. 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. 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. Its never too late to apply for VA benefits. Yes, but you should talk to a VA Disability law attorney first. Does Spinal Stenosis Qualify for Disability Benefits? When your medical disability occurred during your service, it is almost always presumed to be service-connected. To facilitate this process, the VA has created a ratings table. Updated: August 3, 2020. If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. 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. Basically, the VA understands that the Veteran would not have developed sleep apnea if they didnt get PTSD while in service. Keep in mind that arthritis will only be rated under diagnostic code 5003 when the condition does not result in severe enough limitation of motion to be rated under the general rating formula for the spine. We are sorry that this post was not as useful for you! Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. you viewed to avoid repetition. This will effectively increase your VA disability rating. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Spinal conditions can cause nerve problems as well. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. This is particularly true because nerve pain in the extremities can severely impact your earning ability. Phone: (757) 220-4529. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. The technical storage or access that is used exclusively for statistical purposes. 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. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). 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. Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. Your VA doctor may conclude that your spinal stenosis is service-connected because of this pre-existing whiplash and disk herniation. Hill & Ponton P.A. Both upper (cervical) and . ). Call 800-544-9144 today for a free case evaluation or contact us here. These ratings are added together using VA math for an overall VA disability rating for spinal stenosis. Herniated Discs. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. Free Disability Evaluation: Step 1. These are periods of acute pain severe enough for a doctor to proscribe bed rest. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." Confidential or time-sensitive information should not be sent through this form. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition.