We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. Both upper (cervical) and . 14K 1,344 9. 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. We are sorry that this post was not as useful for you! We assign you a disability rating based on the severity of your service-connected condition. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Additional medical appliances may be required. These cookies are necessary for the website to function and cannot be switched off in our systems. Call 512-454-4000 for help today. Also, the VA requires that all ROM measurements be taken with a goniometer. 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. Given this variety of symptoms, it is easy to understand how spinal stenosis can be misdiagnosed. Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. 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. Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox 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. Have you been affected by Camp Lejeune water contamination? 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. The technical storage or access that is used exclusively for anonymous statistical purposes. Thank you so much Woods & Woods. 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. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. So, they compensate them for the disability on a secondary basis. A posterior spinal fusion of a segment of adjoining vertebra, prior to clinical onset only of Spondylolysis or Spondylolisthesis Posterior spinal fusion means a surgical procedure involving immobilization of the posterior elements of two or more vertebrae by the use of bone grafting, in the absence of immobilization of the lateral elements, of . When this evidence is presented to the VA, it may be possible to obtain VA disability benefits. Full eligibility requirements 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. 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 not only makes, Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Unlike a back injury that is caused by muscle, ligament, or bone damage, the effects of spinal stenosis are felt primarily in the nerves of the spinal cord. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Spinal stenosis can arise from both degenerative conditions (such as arthritis, bulging discs, and herniated discs) and physical injury, such as bone fragments, dislocated vertebrae, or swollen tissues. Herniated Discs. Spinal stenosis is a form of degenerative disc disease. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 The VA rates spinal stenosis disability claims according to its General Rating Formula for Diseases and Injuries of the Spine. Spinal Stenosis by itself means literally nothing, other than that you have a narrowing of the spinal canal at some point (which about 70% of adults have normally). The disability rating may be even lower depending on the segment of the spine that is frozen. Spinal stenosis will cause pain in different areas of the body including the neck, lower and middle back, your buttocks and legs. However, you may get a 100% VA disability rating for up to one year after serious back surgery, such as a spinal fusion. Your spinal stenosis may be accompanied by other back conditions, including degenerative disc disease, arthritis, ankylosis or ankylosing spondylitis. The VA rating for degenerative disc disease typically is 20%, despite how much pain the condition may cause. There are two types of arthritis that are rated under the same rating system; degenerative arthritis, and traumatic arthritis. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. . A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. 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. VA Disability Rating Levels and Compensation Amounts for Spinal Injury. 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. Spinal stenosis can cause a variety of symptoms depending on the location of the spinal stenosis and the compressed nerve. So if a Veteran has traumatic arthritis in his spine, the final diagnostic code would appear as 5010-5003. What is the diagnostic code for traumatic arthritis? Because the vertebrae are closer together, they tend to compress the nerves that lie inside the spine, especially the spinal cord. Regardless of the underlying cause, spinal stenosis leads to pressure on nerves running through the spinal canal. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 VA Ratings For Spinal Arthritis & Back Pain. However, the VA disability rating for spinal stenosis is calculated exactly the same as other spinal diseases and injuries. If there is painful motion, a 10% rating will be assigned. I was hoping someone could point me in the right direction with spinal issues and VA ratings. 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. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. This would qualify you for a total disability individual unemployability, as defined by 38 CFR 4.16. If your case of spinal stenosis does not result in limits on your ROM, you may receive a low VA disability rating even though your condition interferes with your quality of life and earning capacity. The information you obtain on this website is not, nor is it intended to be, legal advice. This means that the effects of spinal stenosis are not limited to the back. It may result in a higher rating, and therefore a greater monthly disability compensation amount. For example, if you receive a VA disability rating based on a general spinal injury but could have received a higher VA disability rating for IVDS, you can submit additional evidence showing that your spinal stenosis is caused by a bulging, herniated, or degenerated disc and request a re-calculation. VA rates spinal stenosis according to 38 CFR 4.71a Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Your call is always free, and we wont charge you until after we have won your case. Lack of cartilage causes pain and limitation of motion. See Entitlement Considerations, Section B of this . Congenital spinal stenosis is present at birth as a normal variant in the population or due to congenital conditions. If your spine is locked in an unfavorable position, you may qualify for a relatively high disability rating as high as 100%. The Board notes that by rating decision dated December 2005 the veteran's service-connected degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy was evaluated as 60 percent disabling, effective August 23, 1999. Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have. The SSA has a specific disability listing for lumbar stenosis. Other causes include tumors and lesions, enlargement of facet joints, thickened ligaments, injuries that cause displacement of vertebrae, vertebral fractures, and rheumatoid arthritis, which can cause bone spurs. The spinal cord can be squeezed causing pain and numbness in the back or weakness in one or both legs. Spinal stenosis is a degenerative disc disease that occurs when there is pressure placed on the nerves in your spine. We use cookies to ensure that we give you the best experience on our website. The rating assigned under the rating criteria for degenerative arthritis depends on how many, Rheumatoid arthritis is a disease that causes destruction of the joints in the body. If your spine is not frozen, the VA disability rating for spinal stenosis will depend on the ROM measurements using a goniometer. 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 TDIU is an award of increased compensation. Severe disability and death may result from the association of cervical stenosis with even minor trauma resulting in the central cord syndrome. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Depending on what joint is affected, there will be an identifying diagnostic code assigned to the condition. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! As you can see, ROM measurements play a significant role in rating spinal conditions. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. In severe cases, it can lead to myelopathy, paralysis, bladder and bowel incontinence or retention, headaches, and other debilitating symptoms. While we still have our home base in Florida, Contact Info Is applicant currently receiving Social Security benefits? The diagnostic code for rheumatoid arthritis is 5002. This narrowing can be caused by physical injury or degeneration of the spine. To find out more, view our Privacy Policy. Disability Benefits by Percentage Rating and Dependent Status (As of 2020). They fought hard for me and got me more than I ever could dream of. Contacting us does not create an attorney-client relationship. you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. Some joints are referred to as major joints, while others are referred to as minor joints. Other back impairments have a maximum schedular rating of 60 percent or lower. At these exams, you can expect your doctor to ask you questions about your background and medical history, evaluate your symptoms and range of motion. means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. When spinal stenosis manifests in the form of back pain and a frozen spine, obtaining a fair VA disability rating for spinal stenosis is primarily a matter of obtaining accurate ROM measurements of the cervical spine and lumbar spine. Any injuries or disabilities that are the result of military service are eligible for compensation by the Department of Veterans Affairs (VA). Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. This type of rejection can sometimes be overcome if you can point to a specific incident that worsened your condition. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. An. I have my transportation now. The RO also assigned an initial 40 percent rating for the disability effective November 8, 2006. One common cause of foraminal stenosis and radiculopathy is a bulging or herniated disc. Please call for an appointment before visiting: Mail Processing Center: P.O. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. 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. You may also qualify for a 100% rating if your back injury renders you unemployable. 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. you viewed to avoid repetition. This metric is used in calculating your VA disability rating. Already working with us? 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. 5239 - VA disability rating for Spondylolisthesis or segmental instability: A condition that causes a vertebra to slide forward over the bone below it. Your spinal stenosis may force you to stop working before normal retirement age because you can't do certain things. Use our VA disability calculator to estimate your combined VA rating and monthly payment. When pursuing a VA disability rating for back pain, its important to know your options. 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. 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. The Department of Veterans Affairs and the Department of Defense guidelines are based upon the best information available at the time of publication. For example, PTSD can lead to sleep apnea. Because there are technically two diagnostic codes associated with one condition, you would see the condition listed on rating decisions as 5242-5003. 4.71a Schedule of ratings - musculoskeletal system. We invite you to contact us and welcome your calls, letters and electronic mail. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. For example, if a Veteran has degenerative arthritis of the spine with no other joints affected, and he experiences pain when bending over he will receive a 10% rating. The spine is considered as a minor joint. Lumbar IVDS accounts for 62% of all disc disease. Fill out the short form below to contact us. Use our VA disability calculator to estimate your. That is, your stenosis wasnt diagnosed at the time, but it likely came about as a result of an injury or illness that has been established as service-connected. Contact Berry Law today if you need assistance appealing your VA decision. Spinal discs act as cushions between your vertebrae. VA rates spinal stenosis according to 38 CFR 4.71a - Schedule of Ratings, Musculoskeletal System, Diagnostic Code 5238. Similarly, you can challenge a VA disability rating that could be increased through the submission of additional evidence. 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. The exact VA disability percentage for spinal stenosis that has caused a frozen spine depends on the position where the spine is frozen. I was medically retired from active duty Army in January of 2016 with a rating of 80% for a variety of things. Case Info Step 2. If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. VA Disability Ratings for Back Pain and Spinal Arthritis. This makes sense because a spine frozen in an unfavorable position would place the greatest stress on the body and have the greatest impact on the veterans ability to work. This website adheres to the W3Cs AA Accessibility guidelines. . IVDS commonly includes back pain and sciatica (pain along the course of the sciatic nerve into the buttock and the leg) in the case of lumbar disc disease, and neck plus arm or hand pain in the case of cervical disc disease. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. If radiculopathy is caused by a low back condition, the individuals will feel the symptoms in the lower extremities (thigh, calf, foot). Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general. The VA has a separate rating system for these conditions. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 If you do not allow these cookies, you will experience less targeted advertising. Getting Veterans (VA) Disability for Spinal Injuries, Radiculopathy VA Disability Ratings and Benefits, VA Disability Ratings for Neck Pain Explained. I suffer from many health issues due to the trauma that happened to me in 1980. It can cause muscle weakness and pain or cramping extending from the buttocks down through the leg. To qualify for disability because of lumbar spinal stenosis under listing 1.16, you must show that you suffer from ALL of the following: Non-radiating pain in one or both legs, or non-radiating loss of feeling in one or both legs, or neurogenic claudication (pain or cramping caused by nerve compression) These exams are called comprehensive preventive health evaluations (CPHE) or wellness checks., The VA routinely mishandles spinal injury claims. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . If spinal stenosis is suspected, your doctor may order X-rays, magnetic resonance imaging (MRI), and/or CT or CT myelogram. Spinal stenosis of the cervical and thoracic regions may contribute to neurologic injury, such as development of a central spinal cord syndrome following spinal trauma. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. Service-connected disabilities vary widely in severity and type: Some examples are the loss of a limb, migraines, and hypertension. The ratings range from 10% to 60%. Spinal stenosis is a medical condition in which the passages through which your nerves travel through your spine become narrow or partially blocked. 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. 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. If you have multiple disability ratings, we use them to calculate . Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. Our firm was founded in 1986 in Orlando, Florida. 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. The most straightforward pathway to fulfilling this criterion is a diagnosis of spinal stenosis in your military records. 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. we represent clients nationwide. Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. This disruption can cause strange sensations and loss of muscle control in the affected areas. The technical storage or access that is used exclusively for statistical purposes. Stenosis can occur in the cervical or c-spine (neck) and lumbar (lower back) areas of the spine. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. 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. This impinges on the nerves themselves, which can cause pain, tingling numbness, and muscle weakness. As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. The diagnostic code for traumatic arthritis is 5010. Updated: August 3, 2020. VA physicians will measure your range of motion in six places, using a goniometer. The total ROM measurement is merely the sum of the individual ROM measurements for each of the spine segments. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 When your medical disability occurred during your service, it is almost always presumed to be service-connected. The ROM measurement is the maximum angle that you can move in each direction before reaching your physical limits or experiencing severe pain. Get Directions. Spinal stenosis caused by IVDS qualifies for a separate IVDS disability rating and you are entitled to the higher of the two ratings. Learn more about us, Veterans Disability Claim The rating will largely depend on whether you have lost range of motion as a result of stenosis. This information is not a substitute for legal advice. 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. Camp Lejeune Lawsuit. In severe cases, or where the use of conservative treatment options just isnt effective for you, you and your doctors may consider surgery. Its never too late to apply for VA benefits. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). If you were denied disability benefits by the VA or were given a low disability rating, Berry Law can help you appeal. The following percentages are available under the rating criteria for rheumatoid arthritis: Its possible for rheumatoid arthritis to be rated under diagnostic code 5003 like degenerative and traumatic arthritis. 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. Rather, they are added using VA math. A favorable position means that the spine is frozen at the baseline position or 0% flexion. Please register to post comments. The only problem is that I have had spinal fusion on my lower back on oct 8 2008, I was faxing the DAV all my information as I would get it from the doctors. Rheumatoid arthritis is rated under its own rating system. 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. 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). However, it can also be caused by herniated discs, thickened ligaments in your spine, tumors, and spinal injuries. .. Jan 17, 2012 #2. General VA Disability Compensation Benefits Claims Forums . which may qualify you for a higher rating. I have dental care because Woods & Woods fought for me until they got Unemployability pay for me of 100%. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. To facilitate this process, the VA has created a ratings table. 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. For instance, which pages you go to most. Acute, Subacute, or Chronic Diseases Prosthetic Implants and Resurfacing 1 Also entitled to special monthly compensation. Because the rating formula is almost entirely based on ROM measurements, its important to make sure that a doctor performs ROM testing as accurately as possible. Over time, you will attend additional annual exams at an area SCI Center. Rheumatoid arthritis is a disease that causes destruction of the joints in the body. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. To continue receiving VA disability benefits, you should be compliant with these exams. Your spinal stenosis may cause or contribute to other medical conditions, as well. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. An unfavorable position means that the spine is frozen in a position other than the natural upright position. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Want to know if you qu. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. 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%. 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.