The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Call 512-454-4000 for help today. Were You Denied VA Disability Benefits for Spinal Stenosis? 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. How the Blue Book Can Help with Spinal Stenosis SSD Claim Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Do you have a low back (lumbar) injury related to your military service? VA Disability Rating for Back Pain | The Tuley Law Office For example, a cervical spine with forward flexion of 15 produces a VA disability percentage of 30% and a lumbar spine with a total ROM of 120 produces a VA disability percentage of 20%, for an overall VA disability rating of 40%. You should consult an attorney for advice regarding your individual situation. Even if your diagnosis of spinal stenosis occurred after your honorable discharge, you may still be eligible for VA disability benefits if your spinal stenosis arose during your time in the military, but was misdiagnosed. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine Flexion measures 15 degrees or less, OR entire cervical spine is frozen in a favorable position. As evidenced by the rating schedules below, the only back condition eligible for a 100 percent schedular rating is unfavorable ankylosis (immobility) of the entire spine. To facilitate this process, the VA has created a ratings table. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. yet assertive representation for our clients. This includes the shoulder, wrist, elbow, hip, knee ankle, fingers, toes, spine, and the sacroiliac joint. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. Flexion measures 30 degrees or less, OR entire thoracolumbar spine is frozen in a favorable position. These cookies do not store any personal information. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. This is particularly true because nerve pain in the extremities can severely impact your earning ability. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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: The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: 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 125 and 240 degrees, Flexion between 15 and 35 degrees, OR combined ROM 170 degrees, Flexion between 30 and 65 degrees, OR combined ROM 120 degrees, Flexion 15 degrees, OR entire cervical spine is frozen in a favorable position, Entire cervical spine is frozen in an unfavorable position, Flexion 30 degrees, OR entire thoracolumbar spine is frozen in a favorable position, Entire thoracolumbar spine is frozen in an unfavorable position, Entire spine is frozen in an unfavorable position. Phone: (757) 220-4529. Spine Condition Ratings Military Disability Made Easy Entire spine is frozen in an unfavorable position. Degenerative arthritis of the spine, sometimes referred to as facet joint osteoarthritis, causes a breakdown of the cartilage between the facet joints in the back of the spine. An unfavorable position means your spine is locked in a position that is something other than vertical. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 You may also qualify for a 100% rating if your back injury renders you unemployable. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. Your spinal stenosis may cause or contribute to other medical conditions, as well. Copy this embed code to share the infographic on your own site. VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law Their testimony can mean the difference between an approval or a denial of your case. We use cookies to ensure that we give you the best experience on our website. The spine is considered as a minor joint. When symptoms are present, they usually start gradually and worsen over time. 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. Department of Veterans Affairs Regional Office in New York, New York. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical . Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Our firm was founded in 1986 in Orlando, Florida. In extreme cases, spinal stenosis can cause incontinence or constipation if the compressed nerve controls the muscles surrounding the bladder or bowel, respectively. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. The same veteran with a 100% disability rating would receive $3,106.04. ATTORNEY FOR THE . Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. For example, a car accident or other trauma such as a back injury caused by service, can dislocate or fracture vertebrae, which could lead to spinal stenosis. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. This data may be used to help optimize our websites and make them easier for you to navigate. VA Disability Ratings for Degenerative Disc Disease (DDD) Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Back braces or corsets are $200 or more. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Updated: August 3, 2020. These cookies may be set through our website by our advertising partners. .. Jan 17, 2012 #2. 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. 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. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. You could be entitled to $3,627 per month! 20 percent disability rating: $327.99 per month. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. A post-service diagnosis of spinal stenosis can sometimes be used to show that the condition was misdiagnosed during your time in the service. I bought a home. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, 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. Va rating of 60%. These mistakes cost veterans at least $5.9 million in payments over the period studied. The disabilities we propose to add are: spinal stenosis (a narrowing of the central spinal canal that causes pressure on the spinal cord and/or nerve roots, most commonly due to degenerative arthritis or degenerative disc disease) (diagnostic code 5238), spondylolisthesis or segmental instability (slipping of all or part of one vertebra forward . Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. Trouble walking, and loss of bowel or bladder control may also result. Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be separately rated unless both are frozen in an unfavorable position. I suffer from many health issues due to the trauma that happened to me in 1980. In most cases, the medical listing will be insufficient. Also, the VA requires that all ROM measurements be taken with a goniometer. Spinal stenosis can be a difficult disability to deal with because of the breadth and variety of symptoms you may experience. 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. Ratings will fall between 0% and 100% disability. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments.

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