8022 - Spinal cord, new growths of: benign, minimum rating
DBQ: Link to Index of DBQ/Exams by Disability for DC 8022
Definition
A neoplasm is a new and abnormal growth formation of tissue. A benign neoplasm or tumor is growth that does not spread by metastases or infiltration of tissue. New growth of nonmalignant tissue refers to nonmetastatic lesions (neoplasms) compressing the spinal cord or its roots.
Etiology
The cause of benign spinal cord tumors is unknown, although the most common benign tumors are meningiomas or neurofibromas.
Signs & Symptoms
Benign spinal cord tumors may be characterized by pain and paresthesias, followed by sensory loss, muscular weakness, and wasting along the distribution of the affected roots. Tumor growth leading to cord compression causes progressive spastic weakness and impaired cutaneous and proprioceptive sensation (a feeling of movement or position of a limb below the level of the lesion). Loss of sphincter control may lead to urinary or bowel retention or incontinence. Morbid softening of the spinal cord (myelomalacia), and paralysis may also characterize the condition.
Tests
Diagnostic measures may include: x-rays of the spine; magnetic resonance imaging (MRI); and computed tomography (CT) scan. There may be examination of the cerebrospinal fluid (CSF) in highly selected cases.
Treatment
The treatment for benign tumors of the spinal cord predominantly involves surgery, radiotherapy, and corticosteroid medications.
Residuals
Residuals may depend on the location of the tumor. Spinal cord tumor residuals may be mild or severe and may vary from no residuals to any combination of the signs and symptoms.
Special Considerations
In those cases where there is severe neurologic deficit, consider entitlement under 38 CFR 3.350 [Special monthly compensation ratings].
It is required for the minimum rating for residuals (signs and symptoms) of benign spinal cord growth that they be ascertainable. Subjective residuals (symptoms), e.g., pain, muscle weakness, must be consistent with benign spinal cord growth, and should be accepted when they are consistent 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 Code used as a basis of evaluation be cited, in addition to the code identifying the diagnoses" [38 CFR 4.124a Neurological conditions and convulsive disorders].
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].
Benign 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.
Notes
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