So, spinal disabilities focus on the lack of mobility or range of motion. Spinal stenosis is a form of degenerative disc disease. Some joints are referred to as major joints, while others are referred to as minor joints. The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. Under the VAs rules, you can challenge a VA disability rating by asserting that the VA misapplied its schedule. If the VA determines your spinal stenosis is service-connected, you will receive a disability rating between 0% and 100%. Keep in mind that a Veterans disability law firm can work with you to build a claim for a higher rating. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 When it occurs in the cervical spine (the neck and upper section of the back), symptoms may include pain, muscle spasm and weakness, numbness, and tingling in the neck, hands, arms, legs, and feet. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. AVVO 10/10 Superb Rating, BBB A+ Rated. Disability Benefits For Spinal Stenosis - Gillette Law Group According to Mayo Clinic, a nonprofit academic medical center, spinal stenosis is a narrowing of the space where the nerves run through your spine, causing pain by putting extra pressure on these spinal nerves. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 The same veteran with a 100% disability rating would receive $3,106.04. VA Disability for Spinal Stenosis | PTSD Lawyers - Berry Law A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Radiculopathy | Johns Hopkins Medicine These secondary conditions would be rated separately from the underlying spinal condition. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . 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? A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. With this in mind, its important to know which spinal conditions are not rated under the general rating formula. Intervertebral Disc Syndrome (IVDS) and VA Disability San Jose, CA: 2880 Zanker Road, Ste. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 For example, fractured and/or dislocated vertebrae can lead to pain and weakness in the arms, hips, shoulders, etc. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. As you can see, ROM measurements play a significant role in rating spinal conditions. Free Disability Evaluation: Step 1. There must be x-ray evidence of arthritis in the cervical or thoracolumbar joints for the VA to rate a spinal condition under the code for degenerative arthritis. NOTE: Entitlement of a spinal condition includes spinal stenosis. Want to know if you qu. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. 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. For example, the specific code for degenerative arthritis of the spine is 5242. 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. 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. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. The VA will use a series of diagnostic codes for areas of the spine. Lumbar Stenosis Symptoms Numbness or tingling in your arm or leg, weakness in your arm or leg, pain or cramping in your legs when you walk, and back pain. 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%. VA Disability For Back Impairments - The Veterans Law Office These cookies allow the website to remember choices you make to give you better functionality and personal features. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. Confidential or time-sensitive information should not be sent through this form. This communication with the firm or any member of the firm does not establish an attorney-client relationship. For instance, which pages you go to most. . 30 percent disability rating: $508.05 per month. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 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? The VA has a separate rating system for these conditions. Service-connected disabilities are disabilities that manifested during your service, regardless of when your diagnosis occurred, or was diagnosed prior to your service and was worsened by your service. VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. How Do You Rate Severe Spinal Stenosis - VA Disability Compensation The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. If you are concerned that your VA disability percentage for spinal stenosis fails to account for the extent of your disability, you may wish to speak to a VA benefits lawyer. 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. This data may be used to help optimize our websites and make them easier for you to navigate. 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) Lumbar spinal stenosis results in low back pain, as well as weakness, numbness, pain and abnormal sensations in the buttocks, thighs, legs, calves, and feet. Department of Veterans Affairs Regional Office in New York, New York. For example, if your disability requires frequent hospitalization or substantially interferes with your ability to earn a living, you may request a special disability rating from the VA. Our VA Disability Lawyers talk about SMC (Special Monthly Compensation). A VA lawyer can run through all the scenarios with you for obtaining a fair VA disability rating that reflects the ways spinal stenosis affects you. A fair VA disability rating for spinal stenosis can be difficult to obtain. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 This is particularly true because nerve pain in the extremities can severely impact your earning ability. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. 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. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans People with spinal conditions also often change how they walk to, If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to, In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. Spinal discs act as cushions between your vertebrae. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. 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. 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. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Without these cookies, services you have asked for cannot be provided. We use your disability rating to determine how much disability compensation you'll receive each month, as well as your eligibility for other VA benefits. If a Veteran only has one joint group affected by arthritis then there must also be painful motion present in order for a rating higher than 0% to be assigned. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. The effects of spinal stenosis, whether they manifest themselves in the back or elsewhere, can be the basis of a VA disability rating for spinal stenosis. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. To continue receiving VA disability benefits, you should be compliant with these exams. This will effectively increase your VA disability rating. Entire spine is frozen in an unfavorable position. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Learn more about us, Veterans Disability Claim Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine.

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