Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Just fill out the form and we will forward what benefits the VA is paying for a chronic sinusitis condition and how best to prove your need for disability compensation, along with other information and news about burn pit exposure. Back injuries are frequently reported after military service. Because the general rating formula for diseases and injuries of the spine talk about flexion, which is the act of flexing or bending. 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. It can take a long time for you to develop symptoms for this condition, and doctors often do not document the things VA needs to assess your condition. Sciatic neuritis is not uncommonly caused by arthritis of the spine. Some injuries to the spine might cause weakness in areas such as the arms, shoulders, or hips. you viewed to avoid repetition. 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. Rhinitis also is present with the common cold, which is a temporary condition, so make sure to empahsize allergic rhinitis. The doctor must perform a goniometer test on you to determine your ability to move. 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. You should consult with your doctor if you are experiencing back pain to find out what is causing it and how it is affecting you. individual unemployability . The middle and upper back area is your thoracic spine andthe lower back area is your lumbar spine. Brandon Callahan, MD is a board-certified orthopedic physician with a decade of experience in providing comprehensive orthopedic care to patients with musculoskeletal injuries and disorders. This results in numerous unpleasant and painful symptoms in veterans that may include: Your specific symptoms will depend on where in the spine the nerve root is pinched. The VA uses diagnostic code 5003 to evaluate back conditions like osteoarthritis. #1. Your VA disability rating for back injury or spine injury will depend on which code the condition falls under. Do You Have Long-Term Disability Insurance Coverage? In addition, numerous research studies have shown a link between Degenerative Disc Disease and Radiculopathy; there is a strong bidirectional relationship where each disorder adversely influences the other one. Simple exercises will not cause much strain on your back and can be done at home. Secondary Service Connection for Herniated Discs The maximum disability rating for degenerative disc disease VA compensation is 20 percent without any additional . 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. Without these cookies, services you have asked for cannot be provided. The effects of DDD can be severe on a disabled Veterans family and finances. The VA rating for cervical radiculopathy is determined based on symptoms in the shoulder, arm, and hand. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. The people serving in our military work hard. They may allege that your condition is due to the natural progression of aging. Your symptoms can also get progressively worse over time. Degenerative disc disease (DDD) is a common cause of disc deterioration in the spine. When evaluating a spinal cord-related disability, the VA is required to take into account both anatomical damage and functional loss. 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. Our attorneys answer this question and more in the following text. 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. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. Social Security Medical Evaluations The discs between your vertebrae will lose their cushioning and begin to fragment, often causing them to herniate. Usually, it's experienced in the back or neck. Slouching and a sedentary lifestyle are the most common causes of degeneration of the discs in the discs. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. Pain that worsens when standing, bending, lifting, or twisting. It can also cause tingling and numbness in the upper and lower extremities. 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. Degenerative disc disease is a term used to describe the changes in the spinal discs due to age and/ or injury. These examples of functional impairment can limit a veterans daily activities, quality of life, and ability to work. To recover service-connected compensation disability benefits for degenerative disc disease, you must meet a certain threshold required by the U.S. Department of Veterans Affairs (VA). The VA Disability Rating for Degenerative Disc Disease: A Guide by Berry Law is an important source. If you are unable to work because of a disability, you may be able to get a Total Disability Individual Unemployability (TDIU) deferment. Do You Qualify for Long Term Disability Benefits? If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. The patient will be able to live a pain-free life without any limitations if a qualified healthcare provider manages their pain. The rating criteria for this diagnostic code is virtually the same as diagnostic code 5003, which is used to rate degenerative arthritis. Also Check: This Device Is Disabled Code 22. What is Functional Loss in a VA disability claim for Degenerative Disc Disease ? Otherwise, VA should not rely on it for adjudication purposes. The breaking open of a spinal disc is called a prolapsed or herniated disc. Veterans who are believed to have more severe symptoms have received higher ratings from the VA in the past. You May Like: What Is Long Term Disability Insurance. Can you claim VA disability for degenerative discs? Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! However, there are a few ways veterans can increase their DDD VA rating. Degenerative disc disease is the result of disc degeneration in the spine. Just fill out the form and we. 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. In some cases, a surgical procedure may be required to relieve pressure on the disc. How Long Does It Take to Get Your VA Disability Rating? AtVA Claims Insider, we help fellow Veterans celebrateLIFE CHANGEby getting them the VA disability rating and compensationYOU DESERVEby law. Consult with our nationally recognized law firm to receive assistance. 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. There are a number of factors that can contribute to the development of degenerative disc disease. However, if you can prove that your degenerative disc disease was connected to your military service, you will receive a disability rating from the VA. All of the medical documentation that you have gathered for your VA disability rating can be used as evidence in your SSDI application. The sacrum fits between the two hipbones connecting thespine to the pelvis. 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. Many veterans suffer from various back conditions due to their military service to include Degenerative Disc Disease. If you do not attend, your claim will likely be denied. Is It Hard to Get Disability for Degenerative Disc Disease? These can last from a few days to a few months before getting better. Extraschedular ratings are assigned when the rating criteria does not accurately reflect a veterans level of disability. He or she will gather evidence that proves the VA came to the wrong conclusion. The final determination on whether an extraschedular rating is warranted must be made by the VA Undersecretary for Benefits or the Director of Compensation Service. Many factorscan lead to DDD, including heavy lifting, family history of spine problems, or spine injury. Pain that worsens when sitting (while seated, the discs of the lower back have 3x more load on them than when standing). This means that 30% of veterans who are diagnosed with degenerative disc disease receive a disability rating from the VA. 5.4k views Answered >2 years ago. If you have been diagnosed with a condition caused by military service, you may be eligible for disability benefits. Smoke from military burn pits have had both short- and long-term health effects on those exposed. This allows the veteran to get a separate rating from the spinal condition that could potentially increase monthly compensation. I have a 20% rating for arthritis in my back, but can I get more for degenerative disc disease? What is the Degenerative Disc Disease VA Rating? To get TDIU, you may prove why your service-connected condition prevents you from working. The most trusted name in education-based resources for Veterans. DEgenerative disc disease is typically rated as a 20% disability by the VA. However, there are other conditions you need to meet before you can submit an application for disability benefits. Read Also: Chances Of Winning Disability In Federal Court. Common signs and symptoms of chronic sinusitis include: Veterans may develop this condition as a result of their active-duty military service, and they may be entitled to VA disability benefits. 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. However, you may experience some numbness or tingling in your arms or legs. 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. A medical diagnosis of degenerative disc disease from your doctor; and. A medical nexus linking the primary condition to the secondary DDD. For example, lets say you have full range of motion for your Degenerative Disc Disease, but you have pain during movement, you should be awarded the minimum level of disability for the condition, which is 10%. How to Get a 100 Percent VA Rating (if deserved)! Wheezing when exhaling, which is a common sign of asthma in children, Trouble sleeping caused by shortness of breath, coughing, or wheezing, Coughing or wheezing attacks that are worsened by a respiratory virus, such as a cold or the flu, Make sure to click the link to sign up for updates. In many cases, Veterans with DDD are denied benefits or given low disability ratings. Lower back pain (lumbosacral pain) is a common condition that can be distinguished from a variety of other conditions. Disability due to diseases (such as arthritis, degenerative joint or disc disease, or . The Essentials on VA Disability Ratings for Bulging Disc Eric Gang, ESQ Back pain is a common problem for veterans. The VA will consider factors such as pain, numbness, tingling, muscle weakness, and difficulty walking to determine the veterans disability rating. Degenerative Disc Disease is a spinal disorder most often rated underCFR Title 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5242, Degenerative Arthritis, Degenerative Disc Disease Other Than Intervertebral Disc Syndrome. 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). Yes, Degenerative Disc Disease is a VA disability and can be rated at 10%, 20%, 30%, 40%, 50%, or 100% depending upon the Frequency, Severity, and Duration of your symptoms. This can make breathing difficult and result in coughing and wheezing when you breathe out, as well as shortness of breath. To achieve the full disability rating, you must complete all of the steps. Many veterans with degenerative disc disease have been forced to live on the floor. It is possible for migraines to develop as a result of changes in temperature, humidity, and barometric pressure. Approximately 30% of American adults experience back pain at some point. One of the most common symptoms of degeneration of the disks is back pain. You should exercise on a regular basis if you have this pain. Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher evaluation when all disabilities are combined under 4.25. 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. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). In this situation, a VA RO will contact you to schedule the exam. A common secondary condition to spinal conditions is also nerve damage or issues. This means any job that pays at least $18,000 per year pre-tax. For example, the VA compensation exam for lower back pain might include a disability benefits questionnaire . We should investigate worsening symptoms and secondary conditions that may have occurred as a result of the degeneration of the disc. These cookies dont collect information that identifies you. In these cases, the VA now presumes a link between service and sinusitis, meaning that the veteran does not need to prove a connection. It is important to attend your C&P exam once it is scheduled or contact VA to reschedule if necessary. Bulging discs are rated based on the number of incapacitating episodes that have occurred due to the disability. The speed and extent of deterioration are dependent on external factors. Degenerative Disc Disease of the Lumbar Spine 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. It is possible for veterans with DDD to find relief by incorporating lifestyle changes, taking medications, or undergoing physical therapy. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 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. This happens when the soft, inner part of the disc bulges out through a tear in the outer layer. It is important to learn more about this condition and the process of recovering VA disability benefits. If this is the case, contact us. There is no maximum disability rating for degenerative disc disease, as the condition is not considered to be a service-connected disability. If so, then you need the help of an experienced attorney. A nexus is the direct link between a disability, either physical or psychological, that a Veteran suffers from and their time in the military. Military burn pits are large areas of land that were used by the United States military to incinerate waste in places such as Iraq and Afghanistan in the post-9/11 era. With IVDS, these discs may be displaced at the lumbar, cervical, or thoracic areas of the spine. There are several factors that can lead to a service-connected disability, including the physical strain and stress that many soldiers endure on a daily basis while they are on active duty. The limitation of range of motion principle is arguably the most important principle that applies to VA disability ratings for back pain and Degenerative Disc Disease. This will effectively increase your VA disability rating. You're not alone. This pressure can cause you to suffer from a condition known as degenerative disc disease, a spinal condition that can cause severe pain. It is very common to receive only a 10 or 20 percent rating for neck or back conditions. 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. Back conditions typically correspond to the thoracolumbar spine, which is composed of several different types of vertebrae. Call today! Accurate Measurement of Limitation of Range of Motion. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. 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. What is Limitation of Range of Motion for VA Degenerative Disc Disease? If your degenerative disc disease develops over time, you can file a claim for secondary service connection when necessary. Welcome to Brandon Orthopedics! However, if VA examiners arrive at this conclusion, they must provide adequate rationale to support their determination. The formula that VA uses to rate back disabilities with a diagnosis code between 5235 and 5242is the same. I have radiculopathy for spinal fusion, can I get benefits for degenerative disc disease too? Since that requires you to show that you have no range of motion (i.e., you cannot move your back), it can be very difficult, and you have to show why your back condition severely limits you. VA Rating for Degenerative Disc Disease 10% to 100%, Common VA Secondary Conditions to Degenerative Disc Disease, Frequently Asked Questions (FAQs): VA Disability for Degenerative Disc Disease. We recommend using our VA disability calculator to determine your combined VA rating and monthly payment. However, many Veterans struggle to get degenerative disc disease VA disability compensation.. Code O-2 ( 38 CFR 3.350 (e) (2)). 2022 DisabilityProAdvice.com | Contact us: contact@disabilityproadvice.com, Degenerative Disc Disease & VA Disability Benefits | VA Appeals Attorneys. A veteran must show that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization that make it impractical for VA to assign a schedular rating. Other neck conditions have maximum schedular ratings of 40 percent or lower. Additionally, surviving spouses, dependent children, and dependent parents of veterans who were exposed to herbicides (such as Agent Orange) during military service and died as the result of service-connected conditions may also be eligible for VA survivors benefits. The average VA rating for degenerative disc disease is 30%. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. 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. Do You Deserve a Higher VA Disability Rating? Degenerative disc disease is a condition that develops and progresses over time. There are a few different secondary conditions that can arise from degenerative disc disease. Heres the brutal truth about VA disability claims: You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Unfavorable ankylosis of the entire spine, Unfavorable ankylosis of the entire thoracolumbar spine, Unfavorable ankylosis of the entire cervical spine; or forward flexion of the thoracolumbar spine 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine, Forward flexion of the cervical spine 15 degrees or less; or favorable ankylosis of the entire cervical spine, Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent or more of the height. The measurements used for determining compensation are as follows: If you are still in the military, then you can request your military physician to refer you to the MEB and start the IDES process. Physical therapy may help with muscle range of motion, while prescription medications may be used to alleviate pain. Also Check: Can You Get Disability For Diabetes. These cookies allow the website to remember choices you make to give you better functionality and personal features. A discectomy is a surgical procedure in which part of the disc is removed and pressure is placed on the affected nerve. 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. Our attorneys will use our expertise to help you fight for your benefits. Read More. Degenerative Disc: Degenerative disc disease typically does not cause a permanent disability. It can also cause tingling and numbness in the upper and lower extremities. You May Like: Do Disabled Veterans Pay Federal Taxes. Water loss and disc damage gradually leads to thinner and weaker discs that cannot effectively cushion the vertebrae. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. ; The general ratings formula for spine conditions is primarily based on a range of motion. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. Two of the most common causes of back pain are degeneration of the discs and herniations. Chat with Us. Cookies help us deliver the best experience on our website. In more severe cases, Degenerative Disc Disease can cause weakness, numbness, and shooting or throbbing pain in the arms or legs, which is a painful condition knows as Radiculopathy. There are a few ways that veterans can increase their DDD VA rating. The ratings also factor in whether a veteran feels pain, stiffness, or aching in their spine. When a herniation of the disc occurs as a result of degeneration, it is the most common surgical treatment for this condition. With age or trauma, the intervertebral discs lose their water content, leaving the discs more prone to tearing or damage. If you have recently filed a DDD claim or are considering one, the team at Hill can assist you. You must also provide evidence that shows a service connected disability to your military service. In some cases, degenerative disc disease also causes weakness, numbness, and hot, shooting pains in the arms or legs. It is a common VA disability claim for disability caused by a disabling disc disease. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent . In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. One of the most common is for herniated discs to develop. Back pain typically refers to injuries in the lower half of the spine or the thoracolumbar section. VA rates degenerative disc disease under38 CFR 4.71a, Schedule of Ratings Musculoskeletal System, diagnostic code 5242. The VA uses Diagnostic Codes (DCs) to rate disabilities. Hes battled medical issues for years, and the Air Force veteran was pretty sure he was underrated by the How to Service-Connect Your Orthopedic Disabilities If youre a veteran dealing with pain from an orthopedic condition, youre not alone. If that same veteran has limited ROM to rate for 10% in the low back and the cervical spine is this 10% or 20%, because 10% for low back and 10% for cervical ROM. It sounds like this may have been an interpretation of an MRI that you had. Tingling and numbness may not last for long periods of time; however, these symptoms may be a sign of possible nerve damage. This is when the spaces in the spine narrow, which can put pressure on the spinal cord and nerves. In this way, your DDD was caused by your service-connected knee condition, warranting secondary service connection. How to File a Claim on VA.gov (step-by-step)! In reality, there is no such thing as a cure for everything. Usually this happens when a veteran experiences symptoms or limitations that are not considered by the rating schedule. Additionally, the rating criteria does not take other symptoms or daily limitations into account, such as difficulty sitting, standing, lifting, or bending. After leaving active duty, veterans may experience chronic or worsening pain. Va Disability Rating For Degenerative Disc Disease Military service can place an incredible amount of stress on the body.

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