You must be open, honest, and truthful at your C&P exam for Degenerative Disc Disease, and make sure toSTOPthe C&P examiner as soon as you feel any discomfort or pain. Usually this happens when a veteran experiences symptoms or limitations that are not considered by the rating schedule. Disability due to diseases (such as arthritis, degenerative joint or disc disease, or . Orthopedic conditions are typically categorized as those that impact the musculoskeletal system. Contacting us does not create an attorney-client relationship. To find out more, view our Privacy Policy. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent . Crepitation either in the soft tissues such as the tendons or ligaments, or crepitation within the joint structures should be noted carefully as points of contact which are diseased. The discs between your vertebrae will lose their cushioning and begin to fragment, often causing them to herniate. As a fellow disabled Veteran this is shameful and Im on a mission to change it. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Cervical Spine Conditions - Entitlement Eligibility Guidelines However, getting these benefits is often challenging. If you are disabled from a degenerative spinal disc condition and your disability claim has been turned down, we can help. The VA may attempt to deny your claim by saying there is no way to determine your condition is due to time spent in service. The people serving in our military work hard. Just fill out the form and we will forward what benefits the VA is paying for an asthma condition and how best to prove your need for disability compensation, along with other information and news about burn pit exposure. These cookies dont collect information that identifies you. Extraschedular ratings are assigned when the rating criteria does not accurately reflect a veterans level of disability. Let us prove to you that no one will work harder to win your case than Tucker Disability Law. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. It is not enough for the examiners to simply say that a veterans DDD is due to natural progression and aging. What Is My VA Disability Rating for Degenerative Disc Disease? In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. There are a few different secondary conditions that can arise from degenerative disc disease. Keep in mind that that rating can be increased if there is a herniated disc or a bulging disc that causes a doctor to prescribe bed rest, specifically six weeks or more over a year's time period. Disclaimer: This information is not legal advice. This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. Degenerative disc disease is often accompanied by varying levels of pain. The middle and upper back area is your thoracic spine andthe lower back area is your lumbar spine. Though the practice was effective in reducing large quantities of waste, the burn pits emitted large plumes of toxic smoke which was later found to cause many adverse health effects. Instead, many Veterans start to deal with more severe symptoms of DDD years after they have retired from the military. It is particularly difficult for people under the age of forty, as well as those under the age of fifty. Copyright 2023 VA Claims Insider, LLC. Call Us. It can also cause tingling and numbness in the upper and lower extremities. If you developed degenerative disc disease as a result of military service, you may be eligible for disability benefits through the U.S. Department of Veterans Affairs. The VA can award benefits only if it finds a connection between a Veterans impairment and their past military service. Ill also reveal 3 new insider tips to increase your VA Rating for Degenerate Disc Disease, even if youve already filed or been denied. When a herniation of the disc occurs as a result of degeneration, it is the most common surgical treatment for this condition. These cookies collect information about how you use our website. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate.Many factorscan lead to DDD, including heavy lifting, family. These cookies are necessary for the website to function and cannot be switched off in our systems. How to Get a 100 Percent VA Rating (if deserved)! The term incomplete paralysis, with this and otherperipheral nerve injuries, indicates a degree of lost or impaired functionsubstantially less than the type picture for complete paralysis given with eachnerve, whether due to varied level of the nerve lesion or to partialregeneration. Back pain typically refers to injuries in the lower half of the spine or the thoracolumbar section. We help disabled veterans nationwide. Certain spinal conditions can lead to other conditions that can be claimed for an additional rating. One of the most common is for herniated discs to develop. Many veterans experience chronic or worsening pain after they leave active duty. Essentials on VA Disability Ratings for Bulging Disc As the spine wears and tears, the disc degenerates. VA Disability Rating for Neck Pain (Cervicalgia), Cervical Spine Pain, & Neck Arthritis The Department of Veterans Affairs (VA) views conditions of the spine through two main categoriesneck and back. You May Like: What Is Long Term Disability Insurance. Degenerative Disc Disease Disability Claim for Benefits To receive an extraschedular disability rating, you must show the VA why your condition is worse than the 50% maximum. The VA will examine your DDD in order to determine if it is connected to your service. #1. Men and women like you often perform strenuous tasks, including running, jumping, and lifting. You should exercise on a regular basis if you have this pain. Don't Miss: Is Aflac Short Term Disability Worth It When the discs degenerate or break down, they can no longer perform their function properly. If you do not allow these cookies, you will experience less targeted advertising. radiculopathy, myelopathy, urinary incontinence, frequency, mental health conditions, and so on are examples of secondary conditions and complications. Accurate Measurement of Limitation of Range of Motion. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. Other requirements are the presence of spinal arachnoiditis which causes inflammation of one of the nervous systems membranes which means you need to reposition yourself at least every two hours. For a free case evaluation, call CCK today at 800-544-9144. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. These ratings will be based on evidence from medical professionals, a VA claim exam, and information collected from other sources including federal agencies. In most cases, VA uses the General Rating Formula for Diseases and Injuries of the Spine, combined with the limitations on range of motion, to issue a disability rating. If there is a service-connected connection between the impairment and service time, a military member may be eligible for disability benefits. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Copy this embed code to share the infographic on your own site. The result is that breathing through your nose can be difficult, and the area around your eyes (your sinus cavities) might feel swollen or tender. DEgenerative disc disease is typically rated as a 20% disability by the VA. A medical connection linking your diagnosed allergic rhinitis. To receive an extraschedular disability rating under 38 CFR 3.321(b)(1) for degenerative disc disease, the following requirements must be met: It is important to note that extraschedular disability ratings are granted on a case-by-case basis and are very specific to each situation. We have helped thousands of clients nationwide fight for the disability benefits they deserve. March 23, 2019 Updated: June 21, 2022 What is Degenerative Disc Disease (DDD)?Degenerative disc disease typically affects the lower back or neck. VA Disability Ratings for Degenerative Disc Disease (DDD) | CCK Law (2023) Lay evidence that you had the condition while in service. This condition is rather common and typically interferes with the way mucus drains, causing your nose to be stuffy. Lower back pain (lumbosacral pain) is a common condition that can be distinguished from a variety of other conditions. The spine can affect every other part of your body. There are different levels of pain associated with degenerative disc disease. Degenerative arthritis of the spine (DC 5003) The last common method of establishing a rating for a back disability is through the VA's diagnostic code for degenerative arthritis. There is no doubt that wear and tear on the body, as well as the wear and tear on vehicles and on hills due to carrying the worlds lightest kit, can all contribute to Dizziness. By continuing to use our website, you agree to these updates. To file for secondary service connection, you will need: Importantly, you do not have to file for secondary conditions at the same time as filing for primary conditions. These examples of functional impairment can limit a veterans daily activities, quality of life, and ability to work. Get to know us through our videos. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. Make Today The Last Day You Worry About Your Disability Claim. In most cases, veterans will have to provide evidence of the following three elements of their service connection in pursuing compensation: Its been demonstrated that veterans who were exposed to the environmental hazards from open-air burn pits are at higher risk for developing allergic rhinitis, and other respiratory conditions so, to your advantage, that is a known fact. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. Waste materials commonly disposed of in these burn pits include: Many veterans who were exposed to burn pits during their service and developed asthma may be able to seek service connection under this new presumption condition related to burn pit exposure. For veterans, the average rating ranges from 10% to 20%. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. We should investigate worsening symptoms and secondary conditions that may have occurred as a result of the degeneration of the disc. Sciatic neuritis is not uncommonly caused by arthritis of the spine. A nexus is the direct link between a disability, either physical or psychological, that a Veteran suffers from and their time in the military. Did VA Deny Your Claim for Degenerative Disc Disease? In this way, your DDD was caused by your service-connected knee condition, warranting secondary service connection. In reality, there is no such thing as a cure for everything. Under 38 CFR 4.71a, VA generally rates low back conditions as follows: " 100% - unfavorable ankylosis of the entire spine Two of the most common causes of back pain are degeneration of the discs and herniations. This condition necessitates that people avoid activities that are too heavy, such as running, jumping, and lifting heavy objects. Some of which are listed below: Diagnostic codes 5242 and 5243 are reserved for arthritis and spinal disc conditions. Generally, some of the more common symptoms of Degenerative Disc Disease include: To be eligible for a Degenerative Disc Disease VA rating, a veteran must meet three (3) criteria by law: If you think you have a back condition such as Degenerative Disc Disease, but dont have a medical diagnosis,pick-up the phone and call the VA mental health facility nearest youto make an appointment right away! For some, asthma may be a minor nuisance. A little used part of the musculoskeletal system may be expected to show evidence of disuse, either through atrophy, the condition of the skin, absence of normal callosity or the like. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. Do You Have Long-Term Disability Insurance Coverage? In addition, there are times when VA can rate veterans outside of the rating schedule. Due to the extra bodily wear and tear brought on by What is Degenerative Disc Disease in Veterans? The term degenerative disc disease is used to describe spinal disc changes that occur over time as one ages. Are you a veteran suffering from degenerative disc disease? 15-18 701 DATE: December 26, 2018 ORDER Entitlement to service connection for sleep apnea, secondary to service-connected lumbar degenerative disc disease (DDD) on a causation basis, is granted. The doctor must perform a goniometer test on you to determine your ability to move. If youre trying to increase your VA disability rating for Degenerative Disc Disease, you need to prove to the VA that your symptoms are now worse and warrant a higher rating by law. Your Degenerative Disc Disease was caused or made worse by your active-duty military service OR by another service connected disability for secondary service connection (Nexus for service connection), #3. It may cause back and neck pain and sometimes impact nerve function. Degenerative disc disease is a term used to describe the changes in the spinal discs due to age and/ or injury. What Is the Maximum Disability Rating for Degenerative Disc Disease? What Conditions Qualify for Disability Benefits? Secondary Service Connection for Herniated Discs The maximum disability rating for degenerative disc disease VA compensation is 20 percent without any additional . ; The general ratings formula for spine conditions is primarily based on a range of motion. We recommend using our VA disability calculator to determine your combined VA rating and monthly payment. Cookies help us deliver the best experience on our website. In some cases, degenerative disc disease also causes weakness, numbness, and hot, shooting pains in the arms or legs. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. The rating criteria can often leave veterans with IVDS short-changed because it is based on the amount of bedrest prescribed by a doctor. The patient will be able to live a pain-free life without any limitations if a qualified healthcare provider manages their pain. Instead, they must also explain why it is not due to other factors, such as service. Approximately 30% of American adults experience back pain at some point. If you cant move at all without discomfort or pain, make sure to let the examiner know that. If you filed a claim for DDD and VA denied you benefits, Chisholm Chisholm & Kilpatrick LTD may be able to help you appeal the unfavorable decision. The speed and extent of deterioration are dependent on external factors. By Bethany K. Laurence, Attorney. These cookies do not store any personal information. Your arthritis rating may turn into a spinal fusion claim or a secondary service-connected radiculopathy rating. Va Disability Rating For Degenerative Disc Disease Military service can place an incredible amount of stress on the body. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. However, there are a few ways veterans can increase their DDD VA rating. This article will only focus on the portion of that formula that relates to the thoracolumbar spine. Neck Conditions: How To Get VA Disability - The Veterans Law Office The VA will only grant benefits to veterans who have been diagnosed with an impairment as a result of their military service. With IVDS, these discs may be displaced at the lumbar, cervical, or thoracic areas of the spine. Fighting insurance companies and the VA is what we do 24/7. If someone had degenerative arthritis in both the cervical and low back that's been diagnosed by the VA from x-rays this is 10%, or is is 20% because it's in both areas of the spine? Depending on the number of joints affected, VA rates degenerative disc disease between 10% and 20%. Slouching and a sedentary lifestyle are the most common causes of degeneration of the discs in the discs. These cookies allow the website to remember choices you make to give you better functionality and personal features. This pressure can cause you to suffer from a condition known as degenerative disc disease, a spinal condition that can cause severe pain. These codes guide the VA on how to rate your disability at a certain percentage level based on specific symptoms. This 20 percent rating or the 10 percent rating, when applicable, will be assigned once only to cover disability at all sites of previously active infection with a future ending date in the case of the 20 percent rating. The most trusted name in education-based resources for Veterans. Part of aging is disk deterioration; however, it does not cause pain in everyone. If your doctor won't write an opinion, make the argument yourself on VA Form 21-4138, including applicable CFR regulations, and submit it with the VA 21-526EZ disability claims form. In this case, if the Veteran develops DJD in any other joint in the future, that joint is automatically subject to service connection. It is the intention to recognize painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Though back and neck conditions both stem from the spine in most instances, VA rates them as separate disabilities. As the discs burn out, these proteins are replaced by new ones, causing the discs to stiffen and micro-motions to decrease. Degenerative disc disease is also referred to as osteoarthritis of the spine. Feeling better by changing positions often or lying down. Degenerative disc disease is classified as a Musculoskeletal disorder by the VA. VA Rating for Degenerative Disc Disease (2022) - otarbo.com will forward what benefits the VA is paying for an asthma condition and how best to prove your need for disability compensation, along with other information and news about burn pit exposure. Your symptoms can also get progressively worse over time. The strain of military service can lead to wear and tear on the spine, not to mention the risk of traumatic injuries in training or combat. VA Disability Ratings for Back Pain However, looking back on your time in the military, you may be able to quickly recall situations that may have led to chronic back and spine problems: Recommended Reading: Will I Lose My Disability If I Work Part Time. The ratings also factor in whether a veteran feels pain, stiffness, or aching in their spine. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate. Disabilities of the Spine - Veterans Appeals Also Check: This Device Is Disabled Code 22. There are a few ways that veterans can increase their DDD VA rating. Call 512-454-4000 for Free Consultation. Sometimes the VA Regional Office (RO) will request you attend aCompensation and Pension (C&P) examto assess your degenerative disc disease. A common secondary condition to spinal conditions is also nerve damage or issues. The #1 best way to increase your VA rating for Degenerative Disc Disease is to get X-Rays so you have objective medical evidence to show the degradation of your discs over time. With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. It can be difficult for veterans to satisfy this rating criteria because modern medical practices no longer call for bed rest to treat IVDS. Attending a C& P exam with a medical professional can also potentially help you discover the presence of secondary conditions you were unaware of. VA Claims Insider Testimonial: Elite Success Story Dons been through a lot. However, you may experience some numbness or tingling in your arms or legs. hay fever). Recommended Reading: What Happens To My Medicare Disability When I Turn 65. They may allege that your condition is due to the natural progression of aging. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 38 CFR 4.71a - Schedule of ratings - musculoskeletal system. Pain in the low back (lumbar), mid back (thoracic), or neck (cervical), depending on where the affected disc is, possibly even radiating to the legs, arms, and hands (Radiculopathy). Diagnosing and treating degeneration disc disease as soon as possible is critical to its early resolution. If this is the case, contact us. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. As is evident from the rating schedules below, the highest possible schedular rating for any single neck impairment is 60 percent for veterans with severe intervertebral disc syndrome (IVDS). If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. The formula that VA uses to rate back disabilities with a diagnosis code between 5235 and 5242is the same. So, lets take a minute to explore the law regarding the symptoms and impairment required to warrant a VA rating for Degenerative Disc Disease.
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