If you are no longer able to work because you have been diagnosed with degenerative disc disease , you may be eligible to receive Social Security disability benefits provided by the Social Security Administration if you have paid sufficient Social Security taxes which has allowed you to accrue sufficient social security credits. And, youll get to work with a Veteran Coach (VC) who will lead you to VA claim success. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. This can put pressure on the nerves around the disc and cause pain. Social Security Medical Evaluations Another secondary condition that can develop is spinal stenosis. Many Vets have developed serious asthma even chronic asthma because of exposure to harmful burn pit pollutants. These cookies are essential so that you can move around the website and use its features. Asthma symptoms will vary from person to person. A medical diagnosis of degenerative disc disease from your doctor; and. To be eligible for disability benefits for a herniated disc, you must have a current diagnosis of the condition and meet the eligibility criteria for VA disability benefits. 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 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. By Bethany K. Laurence, Attorney. Most Common Back Conditions Veterans Experience & Their Ratings, VA Claims for Hip Pain Secondary to Degenerative Disc Disease (DDD), Most Common Back Pain VA Claims Among Veterans, 3 Common Back Conditions Veterans Experience, Secondary Conditions to Flat Feet (Pes Planus) for VA Disability, A current diagnosis of DDD by a medical professional; and. Eczema-type symptoms (e.g., dry, itchy skin), An in-service event, injury, or illness; and. Cookies help us deliver the best experience on our website. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. radiculopathy, myelopathy, urinary incontinence, frequency, mental health conditions, and so on are examples of secondary conditions and complications. It mostly occurs in your lower back or neck. In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. If the disability criteria do not accurately reflect your disability level, you may be assigned an extraschedular rating. Without these cookies, services you have asked for cannot be provided. It has been demonstrated that persistent disc disease can lead to a variety of health problems over time. The spine can affect every other part of your body. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. The VA uses Diagnostic Codes (DCs) to rate disabilities. 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 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. Since there is no certainty of what was burned at each military installation at a given time, the specific toxins released by the burn pits vary for every location. 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. 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. The effects of DDD can be severe on a disabled Veterans family and finances. Because the general rating formula for diseases and injuries of the spine talk about flexion, which is the act of flexing or bending. After the exam, the VA examiner will issue an opinion deciding if your DDD is at least as likely as not connected to your service. How can a veteran get a 100% VA rating for back pain? The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate. If so, then you deserve to recover VA disability benefits. As a result of DDD, some people can manage their pain in a variety of ways. TDIU, or total disability based on individual unemployability, occurs when a veteran is unable to work as a direct result of their service-connected disability or condition. Just fill out the form and we. Intervertebral disc syndrome is a common cause of back pain. To receive an extraschedular disability rating, you must show the VA why your condition is worse than the 50% maximum. These cookies collect information about how you use our website. The rating chart for thoracolumbar spinal pain is used for primary and secondary conditions to lower back pain. The people serving in our military work hard. To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. For some, asthma may be a minor nuisance. Do You Qualify for Long Term Disability Benefits? Copyright 2023 VA Claims Insider, LLC. 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. For a free case evaluation, call CCK today at 800-544-9144. This allows the veteran to get a separate rating from the spinal condition that could potentially increase monthly compensation. In many cases, Veterans with DDD are denied benefits or given low disability ratings. This can cause pain, numbness, and weakness. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate.Many factorscan lead to DDD, including heavy lifting, family. If you are suffering from the effects of cervical degenerative disc disease you may qualify for Social Security disability benefits. Physical therapy may help with muscle range of motion, while prescription medications may be used to alleviate pain. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms Diagnostic imaging tests (such as MRI, CT scans, and x-rays) With over 30+ years experience winning cases, the attorneys at Tucker Disability Law have built a reputation for excellence, hard work, and always standing by our clients. You will need to provide medical evidence that your retrolisthesis meets the SSA's definition of severe and will . As the discs burn out, these proteins are replaced by new ones, causing the discs to stiffen and micro-motions to decrease. This will effectively increase your VA disability rating. 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. 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 you do not allow these cookies, you will experience less targeted advertising. Veterans who are believed to have more severe symptoms have received higher ratings from the VA in the past. Your symptoms can also get progressively worse over time. 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. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. Sciatic neuritis is not uncommonly caused by arthritis of the spine. This article will only focus on the portion of that formula that relates to the thoracolumbar spine. What Is My VA Disability Rating for Degenerative Disc Disease? 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. Copy this embed code to share the infographic on your own site. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Degenerative disc disease is the result of disc degeneration in the spine. We are proud to help you who have served to get the disability benefits you deserve. Thank. So, lets take a minute to explore the law regarding the symptoms and impairment required to warrant a VA rating for Degenerative Disc Disease. A Military Service Connection for Allergic Rhinitis Must Be Established. If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. What is Functional Loss in a VA disability claim for Degenerative Disc Disease ? Amputations: Lower Extremity The VA rates a secondary condition separately. VA Disability Rating for Neck Pain Criteria VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. 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. These cookies do not store any personal information. This occurs when your level of disability is beyond what the rating criteria typically reflects. The VA rating for radiculopathy in the lower back will be based on symptoms felt in their lower limbs, such as feet, calves, or thighs. One of the most common is for herniated discs to develop. This can lead to pain, stiffness, and other symptoms. 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. 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. However, if VA examiners arrive at this conclusion, they must provide adequate rationale to support their determination. To help the VA determine VA disability ratings for back pain, a compensation and pension exam is usually required. The rating criteria can often leave veterans with IVDS short-changed because it is based on the amount of bedrest prescribed by a doctor. Extraschedular Disability Ratings Understanding Degenerative Disc Disease Degenerative disc disease is a condition that occurs naturally and affects the discs in your spine. Make sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Target Leave And Disability Reedgroup Com, Jailbreak Disabled Iphone Without Losing Data, What Happens If You Become Disabled While On Social Security, Complete the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or lost, Official records of a herniated disc during active duty, Medical evidence from private doctors linking the current diagnosis to an in-service injury, disease, or event that has been at least as likely as not caused the current condition. It can also result in numbness and tingling in the upper or lower extremities. Include. Call today! Degenerative Disc Disease VA Disability Benefits - Woods and Woods, LLC In the United States, 15% of women experience pelvic pain for more than six months. This evidence will show that you are suffering from degenerative disc disease due to conditions on the job. Recommended Reading: What Happens To My Medicare Disability When I Turn 65. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. 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. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. Va disability rating for degenerative disc disease - HealthTap 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. 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. Otherwise, VA should not rely on it for adjudication purposes. Find Out How To Qualify for Disability with Degenerative Disc Disease Sharp and radiating pain in the back, arms, legs or shoulders that may worsen with certain activities, even something as simple as coughing or sneezing, Weakness, fatigue, or loss of reflexes in the arms or legs, Numbness or tingling of the skin, pins and needles, or other abnormal sensations in the arms or legs. To achieve the full disability rating, you must complete all of the steps. The painful motion principle means that regardless of range of motion, if pain is present, the claimant should at least be awarded the minimum level of disability for that condition. One of these is you need to be able to prove your degenerative disc disease will prevent you from working for at least 12 months. 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. Degenerative disc disease is classified as a Musculoskeletal disorder by the VA. These can last from a few days to a few months before getting better. 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. Phone: (866) 282-5260 Fax: (727) 571-1415, Attention: Did you or a family member live or work at. While the VA diagnostic code has a maximum rating of 50%, it is possible to get a greater rating if you can prove how your spinal condition limits your function and your life. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. In order to apply for a secondary service connection, you must demonstrate that one disability resulted directly from the other. The ratings for the peripheral nerves are for unilateralinvolvement when bilateral, combine with application of the bilateral factor. The ratings also factor in whether a veteran feels pain, stiffness, or aching in their spine. 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.. VA Disability for Bulging Discs | PTSD Lawyers - Berry Law A medical nexus, or link, between the in-service event and current diagnosis. Our attorneys can help you answer this question and more. It sounds like this may have been an interpretation of an MRI that you had. This condition causes the discs between the vertebrae to lose their proper cushioning, fragment, and herniate. After leaving active duty, veterans may experience chronic or worsening pain. Muscle spasm will greatly assist the identification. What is Limitation of Range of Motion for VA Degenerative Disc Disease? In these cases, the VA now presumes a link between service and sinusitis, meaning that the veteran does not need to prove a connection. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. The middle and upper back area is your thoracic spine andthe lower back area is your lumbar spine. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. With age or trauma, the intervertebral discs lose their water content, leaving the discs more prone to tearing or damage. Some people with DDD may experience no pain while others may experience debilitating pain that inhibits their daily life. Determining Your Degenerative Disc Disease Disability Rating. 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. A few of the risk factors for Degenerative Disc Disease include your age, prior back injuries, car accidents, being overweight or obese, a sedentary lifestyle, or other forms of bodily trauma. With IVDS, these discs may be displaced at the lumbar, cervical, or thoracic areas of the spine. Do You Deserve a Higher VA Disability Rating? Back injuries are frequently reported after military service. Don't Miss: Is Aflac Short Term Disability Worth It The VA will consider factors such as pain, numbness, tingling, muscle weakness, and difficulty walking to determine the veterans disability rating. To receive a 30% rating or above, a veteran must prove ankylosis, which is joint stiffness caused by an injury or a disease. He is passionate about helping his patients achieve the best possible outcome and is committed to providing the highest quality of care. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. As a fellow disabled Veteran this is shameful and Im on a mission to change it. This data may be used to help optimize our websites and make them easier for you to navigate. DOC 4 - Veterans Affairs Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. 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. Yes, retrolisthesis can be considered a disability by the SSA. 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. Pain that worsens when sitting (while seated, the discs of the lower back have 3x more load on them than when standing). List of Common Veterans Administration Abbreviations, CIGNA / New York Life Disability Insurance, Disability and Life Insurance Claims FAQs, VA Service Connected Disability Claims FAQ, Life Insurance and Accidental Dismemberment FAQs, process of recovering VA disability benefits, Total Disability based on Individual Unemployability, The VA TDIU Approval Rate and Claim Appeal Options.