The process to receive approval for these benefits is often tedious and frustrating. FINDING OF FACT The evidence is at least evenly balanced as to whether the Veteran's obstructive This will effectively increase your VA disability rating. Diagnosing and treating degeneration disc disease as soon as possible is critical to its early resolution. Part of aging is disk deterioration; however, it does not cause pain in everyone. Degenerative disc disease is a condition that occurs naturally and affects the discs in your spine. The last lumbar vertebra articulates with thesacrum. 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. Slouching and a sedentary lifestyle are the most common causes of degeneration of the discs in the discs. To receive a 30% rating or above, a veteran must prove ankylosis, which is joint stiffness caused by an injury or a disease. Usually, its experienced in the back or neck. 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. degeneration of the disc between the vertebrae is the cause of DDD. Asthma is a condition in which your air passageways swell and narrow and may produce extra mucus. 38 CFR 4.71a - Schedule of ratings - musculoskeletal system. Because DDD often does not appear noticeably during a soldiers time in the military, it can be difficult to recognize the condition in its early stages. Social Security Disability Benefits for Degenerative Disc Disease - Nolo It can also cause tingling and numbness in the upper and lower extremities. VA Disability for Bulging Discs | PTSD Lawyers - Berry Law Also, feel free to message us through our online contact page. And, youll get to work with a Veteran Coach (VC) who will lead you to VA claim success. Youll also see the termUnfavorable Ankylosis,which is a condition in which the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following: VA disability ratings for Degenerative Disc Disease also depend upon Functional Loss, which means impairment of spine function as determined by range of motion as reported in the physical examination and additional loss of range of motion after repetitive use caused by the following factors: VA disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. DDD may cause pain to some extent, but obtaining disability benefits can be difficult. 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. Fighting insurance companies and the VA is what we do 24/7. Degenerative disc disease is also referred to as osteoarthritis of the spine. In 20% of cases, the condition causes spinal stenosis, but 80% do not. If you cant move at all without discomfort or pain, make sure to let the examiner know that. Specifically, exposure to the toxins released can affect a persons lung health. The VA could assign you a herniated disc disability rating from 10% to 100%. This condition refers to back or neck pain caused by the general breakdown of spinal discs. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. Have you been diagnosed with degenerative disc disease? Feeling better while walking or even running than while sitting or standing for long periods of time. This condition causes the discs between the vertebrae to lose their proper cushioning, fragment, and herniate. The spine can affect every other part of your body. However, there are a few ways veterans can increase their DDD VA rating. VA Disability For Back Arthritis - Vet Call today! As a result of DDD, some people can manage their pain in a variety of ways. They can range from dull nagging pain to severe disabling (sharp or throbbing) pain. If you have been diagnosed with a condition caused by military service, you may be eligible for disability benefits. Secondly, your condition needs to be able to meet any of the blue book listings for musculoskeletal diseases. In order to qualify for disability benefits with degenerative disc disease, your condition needs to meet the criteria laid out in the Social Security Administration's Blue Book listing. It is particularly difficult for people under the age of forty, as well as those under the age of fifty. (1) Limitation of Range of Motion and (2) Pain are the two most common factors that determine your final VA rating for back conditions such as Degenerative Disc Disease. In the long run, the disc can become compressed, resulting in an extremely painful condition. In many cases, Veterans with DDD are denied benefits or given low disability ratings. Schedule a Free Consultation. 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. These ratings will be based on evidence from medical professionals, a VA claim exam, and information collected from other sources including federal agencies. The spinal disc is made up of a soft disc that separates your vertebrae and serves as a shock absorber in your spine. 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. 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. 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. Otherwise, VA should not rely on it for adjudication purposes. Can I Get Disability for Degenerative Disc Disease? However, more commonly, veterans are able to achieve a 100% rating through a combination of back and neck injury ratings and other conditions. 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 doctor must perform a goniometer test on you to determine your ability to move. radiculopathy, myelopathy, urinary incontinence, frequency, mental health conditions, and so on are examples of secondary conditions and complications. However, you may wonder what is the maximum disability rating for degenerative disc disease? You may also qualify for Total Disability based on Individual Unemployability. Va Disability Rating For Degenerative Disc Disease Military service can place an incredible amount of stress on the body. Did VA Deny Your Claim for Degenerative Disc Disease? Our attorneys will use our expertise to help you fight for your benefits. This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. Allergic rhinitis is an inflammation of the mucous membrane of the nose, caused by an allergic reactionto specific allergens (e.g. This means that 30% of veterans who are diagnosed with degenerative disc disease receive a disability rating from the VA. The rating chart for thoracolumbar spinal pain is used for primary and secondary conditions to lower back pain. 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. There is no cure for degenerative disc disease, but there are treatments that can help to manage the symptoms and slow the progression of the condition. 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? 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. Degenerative disc disease is a term used to describe the changes in the spinal discs due to age and/ or injury. You're not alone. 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. Others develop a more serious condition DDD , which is a lifelong condition that has the potential to cause significant disability. Bulging discs are rated based on the number of incapacitating episodes that have occurred due to the disability. This pressure can cause you to suffer from a condition known as degenerative disc disease, a spinal condition that can cause severe pain. 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. Find out if you qualify for SSDI benefits. The remaining 70% do not receive a disability rating. Can you claim VA disability for degenerative discs? 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. If your VA disability claim for back pain has been denied, be sure to contact the VA Accredited Attorneys at VetLaw right away to help make sure you get the entitlement you deserve. A nexus is the direct link between a disability, either physical or psychological, that a Veteran suffers from and their time in the military. It is determined in each case whether or not an extraschedular disability rating should be given. For example, if you have a service-connected knee condition that causes you to favor one side when you walk, you may develop an altered gait. Feeling better by changing positions often or lying down. 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. Disclaimer: This information is not legal advice. What Conditions Qualify for Disability Benefits? Degenerative disc disease is known to be a condition that develops over time. If you have recently filed a DDD claim or are considering one, the team at Hill can assist you. Some of which are listed below: Diagnostic codes 5242 and 5243 are reserved for arthritis and spinal disc conditions. In grade 1, the nucleus and nave are clearly distinguished; in grade 2, there is no horizontal band; and in grade 3, there is blurring between the nucleus and nave; in grade 4, the nucleus and nave are clearly distinguished; and. Make Today The Last Day You Worry About Your Disability Claim. What is Retrolisthesis and Can I Qualify for Disability Benefits? Rhinitis also is present with the common cold, which is a temporary condition, so make sure to empahsize allergic rhinitis. If you are disabled from a degenerative spinal disc condition and your disability claim has been turned down, we can help. Sciatic neuritis is not uncommonly caused by arthritis of the spine. Attending a C& P exam with a medical professional can also potentially help you discover the presence of secondary conditions you were unaware of. It has been demonstrated that persistent disc disease can lead to a variety of health problems over time. How to Get a 100 Percent VA Rating (if deserved)! You may be eligible for a secondary service connection if your degeneration of your disc progresses over time. We have updated our Privacy Policy. What Happens To My Medicare Disability When I Turn 65, Will I Lose My Disability If I Work Part Time. 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. These cookies do not store any personal information. Copy this embed code to share the infographic on your own site. The spine consists of four primary regions from yourneck down to your buttocks and pelvic area . 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. A veteran receives a 100% rating if their entire spine is immovable because of a back injury. 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. If this is the case, contact us. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Certain spinal conditions can lead to other conditions that can be claimed for an additional rating. 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. VA Disability Ratings for Degenerative Disc Disease (DDD) | CCK Law (2022) It may cause back and neck pain and sometimes impact nerve function. Cervical Degenerative Disc Disease and Disability Benefits - brrlaw It is possible for migraines to develop as a result of changes in temperature, humidity, and barometric pressure. Some injuries to the spine might cause weakness in areas such as the arms, shoulders, or hips. They all go together, so make sure you work with an experienced lawyer to get ratings for all of them. Some veterans may also develop degenerative disc disease as the result of an already service-connected condition. Just fill out the form and we. 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. Degenerative Disc Disease is one of the most common causes of low back (lumbar), mid back (thoracic), and neck pain (cervical) in veterans. It is often hard to get disability for degenerative disc disease. With age or trauma, the intervertebral discs lose their water content, leaving the discs more prone to tearing or damage. If you do not attend, your claim will likely be denied. This can make breathing difficult and result in coughing and wheezing when you breathe out, as well as shortness of breath. 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. If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. Also Check: This Device Is Disabled Code 22. Extraschedular Disability Ratings Understanding Degenerative Disc Disease Degenerative disc disease is a condition that occurs naturally and affects the discs in your spine. Water loss and disc damage gradually leads to thinner and weaker discs that cannot effectively cushion the vertebrae. Other spinal conditions cause people to change how they walk, which can lead to leg and knee issues. Call 512-454-4000 for Free Consultation. This information is made available for educational purposes only and to provide general information and a general understanding of the law. degenerative disc disease is a progressive condition, meaning that it typically gets worse over time. The people serving in our military work hard. The VA Disability Rating for Degenerative Disc Disease: A Guide by Berry Law is an important source.
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