To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. Call 512-454-4000 for Free Consultation. Tingling and numbness may not last for long periods of time; however, these symptoms may be a sign of possible nerve damage. Systemic DJD occurs when the Veteran gets a diagnosis of DJD in service (or within one year after release from active duty) when there is no record or evidence of trauma to the joint. This is where a VA-approved medical professional will perform a comprehensive physical and verbal examination then write their opinion on your condition. However, if the limitation of motion of the specific joint or joints involved isnoncompensable(i.e., 0 percent disabling) under the appropriate diagnostic codes, a rating of 10 percent will be applied for each major joint or group of minor joints affected by limitation of motion. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. This can lead to pain, stiffness, and other symptoms. This might be the case for a veterans DDD, as the highest schedular rating under is only 20 percent. individual unemployability . Two of the most common causes of back pain are degeneration of the discs and herniations. It is possible for veterans with DDD to find relief by incorporating lifestyle changes, taking medications, or undergoing physical therapy. 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. If so, then you need the help of an experienced attorney. It takes a 100% rating from the VA to determine whether a veteran is completely incapable of working. The VA rating for cervical radiculopathy is determined based on symptoms in the shoulder, arm, and hand. A spinal fusion procedure is usually performed in order to relieve pain and allow the spine to heal. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. It may cause back and neck pain and sometimes impact nerve function. The practitioner will assess how far you can bend and flex your joints during the range of motion C& P exam. ClickHEREto Join the #1 Rated VA Claims Insider Elite Program and Start Today for FREE. Generally, you need to be denied at least once before an attorney can assist, but once a lawyer is involved they will often be able to quickly determine what needs to be done in order to prove entitlement. It can also cause tingling and numbness in the upper and lower extremities. 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. To receive a 30% rating or above, a veteran must prove ankylosis, which is joint stiffness caused by an injury or a disease. Secondary Service Connection for Herniated Discs The maximum disability rating for degenerative disc disease VA compensation is 20 percent without any additional . The following are some of the most common symptoms of degenerative disc disease: Generally, to prove service connection and secure a degenerative disc disease VA rating, veterans need evidence of the following three things: Veterans can submit a claim for VA disability benefits onVA Form 21-526EZ. This evidence will show that you are suffering from degenerative disc disease due to conditions on the job. To help the VA determine VA disability ratings for back pain, a compensation and pension exam is usually required. 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). The SSA gets many applications for disability based on degenerative disc disease, and most of them get denied unless other physical or mental problems are present as well. You will need to provide medical evidence that your retrolisthesis meets the SSA's definition of severe and will . Degenerative disc disease (DDD) is a common cause of disc deterioration in the spine. Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. All Rights Reserved. It is very common to receive only a 10 or 20 percent rating for neck or back conditions. You can live a normal life with the help of some pain relief techniques and a little effort. If you have recently filed a DDD claim or are considering one, the team at Hill can assist you. during military service and died as the result of service-connected conditions may also be eligible for VA survivors benefits. He is passionate about helping his patients achieve the best possible outcome and is committed to providing the highest quality of care. For a free case evaluation, call CCK today at 800-544-9144. Degenerative disc disease (DDD) occurs when the discs between the vertebrae deteriorate causing pain, weakness, tingling, and or numbness. 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. However, the path to getting these benefits is often filled with obstacles. 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. degeneration of the disc between the vertebrae is the cause of DDD. You're not alone. Call today! It is important to attend your C&P exam once it is scheduled or contact VA to reschedule if necessary. This means that 30% of veterans who are diagnosed with degenerative disc disease receive a disability rating from the VA. Secondly, your condition needs to be able to meet any of the blue book listings for musculoskeletal diseases. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Find out if you qualify for SSDI benefits. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. 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). The VA will examine your DDD in order to determine if it is connected to your service. Consult with our nationally recognized law firm to receive assistance. Many Vets have developed serious asthma even chronic asthma because of exposure to harmful burn pit pollutants. Some waste materials commonly disposed of in these burn pits include: Many veterans who were exposed to burn pits during their service and developed chronic sinusitis may be able to seek service connection benefits under this new presumption. Five bones fused into atriangular shape, form the sacrum. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. The Disability Application Process VA 38 CFR 4.71a, Schedule of Ratings, Musculoskeletal System, contact the VA Accredited Attorneys at VetLaw, Your arthritis rating may turn into a spinal fusion claim, Chances Of Winning Disability In Federal Court. The term degenerative disc disease is used to describe spinal disc changes that occur over time as one ages. To receive an extraschedular disability rating, you must show the VA why your condition is worse than the 50% maximum. Have you been in the military and now suffer a severe spine or back-related injury? Under 38 CFR 4.71a, VA generally rates low back conditions as follows: " 100% - unfavorable ankylosis of the entire spine Can you claim VA disability for degenerative discs? Just fill out the form and we. Sometimes the VA Regional Office (RO) will request you attend aCompensation and Pension (C&P) examto assess your degenerative disc disease. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. An individuals eligibility for DDD benefits can be determined by a number of factors. If a veterans lower back pain prevents them from securing and keeping substantially gainful employment they may be eligible for TDIU benefits paid at a 100 percent disability rate. Estimate your 2023 VA Rating & Compensation for FREE! Amputations: Lower Extremity Do you wonder what is the maximum disability rating for degenerative disc disease? You should exercise on a regular basis if you have this pain. What is Functional Loss in a VA disability claim for Degenerative Disc Disease ? While the ROM test is the primary factor in determining VA ratings for back and spine conditions, there are also other portions included in the C& P exams. 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. Degenerative Disc Disease is a painful spinal disorder caused by the steady degeneration of the intervertebral discs, which are the pads that cushion the bones in the vertebrae of your spine. For degenerative disc disease, a Veterans Disability rating of 10% to 20% is typically assigned by the VA. An all-timer rating of 100 percent must be obtained before the VA will declare a veteran incapable of working. However, there are a few ways veterans can increase their DDD VA rating. If you are unable to work due to Degenerative Disc Disease, you should speak with your caseworker about TDIU benefits. To receive a 30% rating or above, a veteran must prove ankylosis, which is joint stiffness caused by an injury or a disease. Getting a diagnosis as soon as possible, as well as having a pain management physician develop a treatment plan, are two of the most important steps to avoid complications. This condition can flare up in a few days to a few weeks, causing lasting pain. Many factorscan lead to DDD, including heavy lifting, family history of spine problems, or spine injury. It can also result in numbness and tingling in the upper or lower extremities. will forward what benefits the VA is paying for the allergic rhinitis condition and how best to prove your need for disability compensation, along with other information and news about burn pit exposure. 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. Degenerative Disc Disease of the Lumbar Spine As a result of DDD, some people can manage their pain in a variety of ways. You can file a claim with CCK today at 800-544-9400 if you claim for benefits after being denied by the VA or the DWD. 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. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. 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. Thousands of other Veterans in our Community are here for you. Therefore, VA must determine if the veteran is eligible for a rating higher than the ones set forth by the rating schedule. Disability due to diseases (such as arthritis, degenerative joint or disc disease, or . Periods of severe pain that come and go. The speed and extent of deterioration are dependent on external factors. A medical nexus linking the primary condition to the secondary DDD. Many veterans suffer from various back conditions due to their military service to include Degenerative Disc Disease. 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 information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. These cookies collect information about how you use our website. The VA uses two different Diagnostic Codes to rate herniated discs: Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. Degenerative disc disease is also referred to as osteoarthritis of the spine. There is no maximum disability rating for degenerative disc disease, as the condition is not considered to be a service-connected disability. 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. Degenerative disc disease is a common disability among Veterans. Instead, many Veterans start to deal with more severe symptoms of DDD years after they have retired from the military. Sometimes degenerative disc disease is accompanied by varying levels of pain. This is when the spaces in the spine narrow, which can put pressure on the spinal cord and nerves. In the long run, the disc can become compressed, resulting in an extremely painful condition. Approximately 30% of American adults experience back pain at some point. Eczema-type symptoms (e.g., dry, itchy skin), An in-service event, injury, or illness; and. Disclaimer: This information is not legal advice. Diagnosing and treating degeneration disc disease as soon as possible is critical to its early resolution. What is Limitation of Range of Motion for VA Degenerative Disc Disease? Government disability programs, no matter how well-intended, miss the mark in approving thousands of legitimate disability claims for degenerative disc disease. Recommended Reading: What Happens To My Medicare Disability When I Turn 65. The VA will consider factors such as pain, numbness, tingling, muscle weakness, and difficulty walking to determine the veterans disability rating. It is often hard to get disability for degenerative disc disease. How Long Does It Take to Get Your VA Disability Rating? This data may be used to help optimize our websites and make them easier for you to navigate. The breaking open of a spinal disc is called a prolapsed or herniated disc. Men and women like you often perform strenuous tasks, including running, jumping, and lifting. This website is designed for general information only. 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. If you have severed your DDD while in the military, you must demonstrate that it is a condition that has a direct relationship with your service. If degenerative arthritis is established by X-ray and is accompanied by satisfactory evidence of painful motion, it will be rated no less than 10-percent. In reality, there is no such thing as a cure for everything. 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. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 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. Muscle spasm will greatly assist the identification. Because the general rating formula for diseases and injuries of the spine talk about flexion, which is the act of flexing or bending. Veterans Affairs Canada (VAC) considers the diagnosis of Cervical Facet Syndrome to be synonymous with the diagnosis of Osteoarthritis of the Cervical Spine. Have you been affected by Camp Lejeune water contamination? In addition, there are times when VA can rate veterans outside of the rating schedule. Specifically, exposure to the toxins released can affect a persons lung health. Finally, in the absence of limitation of motion, a veterans degenerative disc disease VA rating will be as follows: When assigning a disability rating based on the severity of symptoms, VA must consider both anatomical damage and functional loss. For some, asthma may be a minor nuisance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. However, you may experience some numbness or tingling in your arms or legs. The guidelines also state that if a patient requires bed rest, the physician should encourage them to return to their normal activities as soon as possible. There are different levels of pain associated with degenerative disc disease. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. It is frequently caused by things like incorrectly lifting heavy objects, as well as chronic pain conditions like osteoarthritis and rheumatoid arthritis. What is the Degenerative Disc Disease VA Rating? Common Signs and Symptoms of Degenerative Disc Disease in Veterans, VA Disability Rating for Degenerative Disc Disease: Basic Eligibility Criteria. Do You Deserve a Higher VA Disability Rating? He is the founder and main author of brandonorthopedics.com, a website that offers valuable resources, tips, and advice for patients looking to learn more about orthopedic treatments and physiotherapy. These can last from a few days to a few months before getting better. Have you received a VA disability claim denial? VA often denies service connection for degenerative disc disease based on an examiners finding that a veterans condition is due to normal wear and tear and the natural progression of aging rather than their time in service. We are proud to help you who have served to get the disability benefits you deserve. In its earlier stages, it can be easy to assume that DDD symptoms are just everyday aches and pains that have no link to a Veteran's military service. Check out our Google reviews. In the United States, 15% of women experience pelvic pain for more than six months. Diagnostic codes 5235 through 5243 of 38 CFR 4.71a, Schedule of Ratings, Musculoskeletal System are dedicated to back and neck pain. Spine conditions are usually rated based upon how limited your back or neck range of motion is. Lay evidence that you had the condition while in service. To qualify for service-connected compensation for allergic rhinitis, veterans must prove that their condition was caused by or aggravated by their time spent in service. Some injuries to the spine might cause weakness in areas such as the arms, shoulders, or hips. Your symptoms can also get progressively worse over time. This happens when the soft, inner part of the disc bulges out through a tear in the outer layer. Water loss and disc damage gradually leads to thinner and weaker discs that cannot effectively cushion the vertebrae. Back thoracolumbar spine conditions can have a significant effect on an individuals life, a DBQ allows the veteran to go into detail about how the condition has impacted their life. A VA Disability Lawyers role is to assist you throughout the confusing and often frustrating appeals process if you have been denied benefits for your service-connected back pain.

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