8021 - Spinal cord, new growths of: malignant

DBQ: Link to Index of DBQ/Exams by Disability for DC 8021

Definition

A neoplasm is a new and abnormal formation of tissue. Malignant new growths (cancer) are marked by uncontrolled spread of abnormal cells. Cancer may be lethal by invading adjacent normal cells or metastases to sites distant from the original site. New growth of malignant tissue refers to cancerous lesions (neoplasms) that compress the spinal cord or its roots.

Etiology

The cause of malignant spinal cord tumors is unknown. Malignant primary spinal tumors are usually astrocytomas and ependymomas. Lesions found outside the dura may start from cancer of the lung, breast, prostate, kidney, thyroid, or lymph tissue.

Signs & Symptoms

Signs and symptoms of the condition may include pain and paresthesias, followed by sensory loss, muscular weakness, and wasting along the distribution of the affected nerve roots. There may be progressive spastic weakness and impaired skin and proprioceptive sensation. Loss of sphincter control may lead to urinary or bowel retention or incontinence.

Tests

Diagnostic measures may include: x-rays of the spine; magnetic resonance imaging (MRI) and computed tomography (CT) scan. There may also be an examination of the cerebrospinal fluid (CSF) in highly selected cases.

Treatment

The treatment may include surgery and radiotherapy. Corticosteroids may be given to reduce spinal cord edema.

Residuals

Residuals will depend on the location of the tumor and the damage done to the spinal cord. They may be mild or severe. Permanent paralysis may result.

Special Considerations

  • This disease shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under 38 CFR 3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of 38 CFR 3.307 are also satisfied. [38 CFR 3.309 [Disease subject to presumptive service connection], 38 CFR 3.309(a) [chronic disease].

  • Malignant neoplasms of the spinal cord shall be service connected when meeting the criteria as set forth in 38 CFR 3.311 [Claims based on exposure to ionizing radiation], and 38 CFR 3.311(b) [Initial review of claims] provided the provisions of 38 CFR 3.311(b)(5)(iv) have been met. A claim under 38 CFR 3.311 that involves radiation exposure requires an opinion by the C&P Service before any decision may be made by a Regional Office to grant or deny benefits.

  • May be entitled to special monthly compensation where the Veteran has a single service-connected disability rated as 100% with additional service-connected disability or disabilities independently ratable at 60% or more, which are separate and distinct from the 100% service-connected disability and involves different anatomical segments or bodily systems. See  38 CFR 3.350(i)(1) – Special Monthly Compensation (SMC). 

Notes

  • The rating in code 8021 will be continued for 2 years following cessation of surgical, chemotherapeutic or other treatment modality. At this point, if the residuals have stabilized, the rating will be made on neurological residuals according to symptomatology.

  • It is required for the minimum ratings for residuals under diagnostic codes 8000-8025, that there be ascertainable residuals. Determinations as to the presence of residuals not capable of objective verification, i.e., headaches, dizziness, fatigability, must be approached on the basis of the diagnosis recorded; subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease. It is of exceptional importance that when ratings in excess of the prescribed minimum ratings are assigned, the diagnostic codes utilized as bases of evaluation be cited, in addition to the codes identifying the diagnoses.

  • Disability in this field is ordinarily to be rated in proportion to the impairment of motor, sensory or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, injury to the skull, etc. In rating disability from the conditions in the preceding sentence refer to the appropriate schedule. In rating peripheral nerve injuries and their residuals, attention should be given to the site and character of the injury, the relative impairment in motor function, trophic changes, or sensory disturbances.  38 CFR 4.120

  • With the exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent in proportion to the impairment of motor, sensory, or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, etc., referring to the appropriate bodily system of the schedule. With partial loss of use of one or more extremities from neurological lesions, rate by comparison with the mild, moderate, severe, or complete paralysis of peripheral nerves” 38 CFR 4.124a