The people serving in our military work hard. 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. 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 you have degenerative disc disease as a service-connected condition, you must be able to prove that you have received VA disability benefits. This condition can flare up in a few days to a few weeks, causing lasting pain. Instead, many Veterans start to deal with more severe symptoms of DDD years after they have retired from the military. This pressure can cause you to suffer from a condition known as degenerative disc disease, a spinal condition that can cause severe pain. All Rights Reserved. A medical nexus, or link, between the in-service event and current diagnosis. Call Us. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Five bones fused into atriangular shape, form the sacrum. If the disability criteria do not accurately reflect your disability level, you may be assigned an extraschedular rating. Periods of severe pain that come and go. Read More. Spine conditions are usually rated based upon how limited your back or neck range of motion is. Call today! This happens when the soft, inner part of the disc bulges out through a tear in the outer layer. Degenerative disc disease is a term used to describe the changes in the spinal discs due to age and/ or injury. 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%. The term degenerative disc disease is used to describe spinal disc changes that occur over time as one ages. Walking or swimming is an appropriate form of exercise that is low-impact. FINDING OF FACT The evidence is at least evenly balanced as to whether the Veteran's obstructive A medical nexus linking the primary condition to the secondary DDD. It is important to learn more about this condition and the process of recovering VA disability benefits. The discs between your vertebrae will lose their cushioning and begin to fragment, often causing them to herniate. 1115 ) Amputations: Upper Extremity 1 Entitled to special monthly compensation. With age or trauma, the intervertebral discs lose their water content, leaving the discs more prone to tearing or damage. For VA disability purposes, the four regions listed below will be considered when it comes to your final VA rating for Radiculopathy. Part of aging is disk deterioration; however, it does not cause pain in everyone. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. . In some cases, degenerative disc disease also causes weakness, numbness, and hot, shooting pains in the arms or legs. However, its also possible that you dont experience any symptoms, or you go through periodic flare-ups of symptoms. 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. There are a few different secondary conditions that can arise from 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. A nexus is the direct link between a disability, either physical or psychological, that a Veteran suffers from and their time in the military. The most trusted name in education-based resources for Veterans. 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. You may be eligible for a secondary service connection if your degeneration of your disc progresses over time. Do You Deserve a Higher VA Disability Rating? For veterans, the average rating ranges from 10% to 20%. It is determined in each case whether or not an extraschedular disability rating should be given. 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. If this is the case, you may be eligible for total disability based on individual unemployability . This can make breathing difficult and result in coughing and wheezing when you breathe out, as well as shortness of breath. 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. The Essentials on VA Disability Ratings for Bulging Disc Eric Gang, ESQ Back pain is a common problem for veterans. 2022 DisabilityProAdvice.com | Contact us: contact@disabilityproadvice.com, Degenerative Disc Disease & VA Disability Benefits | VA Appeals Attorneys. You must be able to demonstrate the severity of your disability in order to receive the proper disability rating. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. It is often hard to get disability for degenerative disc disease. These ratings will be based on evidence from medical professionals, a VA claim exam, and information collected from other sources including federal agencies. Another secondary condition that can develop is spinal stenosis. Feeling better by changing positions often or lying down. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Without these cookies, services you have asked for cannot be provided. As a result of DDD, some people can manage their pain in a variety of ways. Intervertebral disc syndrome is a common cause of back pain. DEgenerative disc disease is typically rated as a 20% disability by the VA. 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. Read Also: Chances Of Winning Disability In Federal Court. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. There is no doubt that DDD can be a serious and debilitating condition, and you must seek proper care. What Conditions Qualify for Disability Benefits? 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. In this situation, a VA RO will contact you to schedule the exam. Degenerative Disc: Degenerative disc disease typically does not cause a permanent disability. 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. Check out our Google reviews. To find out more, view our Privacy Policy. These cookies are essential so that you can move around the website and use its features. These can last from a few days to a few months before getting better. In order to apply for a secondary service connection, you must demonstrate that one disability resulted directly from the other. 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. This will effectively increase your VA disability rating. VA disability claims evidence can be direct or circumstantial, and include: A positive VA disability rating for a a bulging disc or a herniated disc is based on the extent of your symptoms, how impaired your range of motion is, prevalence of incapacitating episodes, and how all of this impacts your daily life. In 20% of cases, the condition causes spinal stenosis, but 80% do not. 5001 Bones and joints, tuberculosis of, active or inactive: Active 100 Inactive: See 4.88c and 4.89 5002 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. To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. Additionally, the rating criteria does not take other symptoms or daily limitations into account, such as difficulty sitting, standing, lifting, or bending. For a free case evaluation, call CCK today at 800-544-9144. If you've recently filed a DDD claim or are waiting for your case to be resolved, you can contact the Hill Ponton team. 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. If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. Degenerative disc disease symptoms vary depending on the person. This will effectively increase your VA disability rating. As the spine wears and tears, the disc degenerates. The formula that VA uses to rate back disabilities with a diagnosis code between 5235 and 5242is the same. Extraschedular Disability Ratings Understanding Degenerative Disc Disease Degenerative disc disease is a condition that occurs naturally and affects the discs in your spine. 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. It is a disease that occurs as a result of the degeneration of the discs in the spine. 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. Veterans who struggle with mobility or chronic pain may be unable to find work. It is not enough for the examiners to simply say that a veterans DDD is due to natural progression and aging. 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. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent . Determining Your Degenerative Disc Disease Disability Rating. However, there are other conditions you need to meet before you can submit an application for disability benefits. Chat with Us. If other treatments, such as medication and physical therapy, have not been able to relieve pain, a surgical procedure is typically recommended. Thank. We help disabled veterans nationwide. Your symptoms can also get progressively worse over time. Find out if you qualify for SSDI benefits. The patient will be able to live a pain-free life without any limitations if a qualified healthcare provider manages their pain. Lower back pain (lumbosacral pain) is a common condition that can be distinguished from a variety of other conditions. The VA uses two different Diagnostic Codes to rate herniated discs: Despite the challenges that arise, people with DDD can still lead full, productive lives. 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. They all go together, so make sure you work with an experienced lawyer to get ratings for all of them. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. This allows the veteran to get a separate rating from the spinal condition that could potentially increase monthly compensation. 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. Functional loss may be due to deformity, improper nerve function (defective innervation), adhesions, atrophy or pain. In this post, we will be exploring how to get aVA Disability Rating for Degenerative Disc Disease. 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. VA Disability Ratings for Degenerative Disc Disease (DDD), Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, Service Connection for Degenerative Disc Disease, Compensation and Pension (C&P) Exams for Degenerative Disc Disease, VA Disability Rating for Degenerative Disc Disease. Water loss and disc damage gradually leads to thinner and weaker discs that cannot effectively cushion the vertebrae. radiculopathy, myelopathy, urinary incontinence, frequency, mental health conditions, and so on are examples of secondary conditions and complications. However, there are a few ways veterans can increase their DDD VA rating. Common Signs and Symptoms of Degenerative Disc Disease in Veterans, VA Disability Rating for Degenerative Disc Disease: Basic Eligibility Criteria. However, many Veterans struggle to get degenerative disc disease VA disability compensation.. One of the most common is for herniated discs to develop. You may also qualify for Total Disability based on Individual Unemployability. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. 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. 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. For example, if a Veteran experienced 4-6 weeks of incapacitating episodes in the past year, they can receive a 40% bulging disc VA disability rating. How to File a Claim on VA.gov (step-by-step)! According to the VA disability rating formula, it is usually 20 percent for someone suffering from osteoarthritis of the knee or hip due to severe pain. Va Disability Rating For Degenerative Disc Disease Military service can place an incredible amount of stress on the body. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Contact us to take advantage of our free consultation. 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). 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. A veterans Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 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. #1. Many veterans suffer from various back conditions due to their military service to include Degenerative Disc Disease. (Authority: 38 U.S.C. Smoke from military burn pits have had both short- and long-term health effects on those exposed. Consult with our nationally recognized law firm to receive assistance. This might be the case for a veterans DDD, as the highest schedular rating under is only 20 percent. If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. If you are disabled at home or at work, you can achieve a disability rating regardless of where you are stationed. AtVA Claims Insider, we help fellow Veterans celebrateLIFE CHANGEby getting them the VA disability rating and compensationYOU DESERVEby law. Any limitation of Range of Motion (ROM) should be measured with a Goniometer by the medical professional at your VA C&P Exam for Back Pain. 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. 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. 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. They may allege that your condition is due to the natural progression of aging. The examiner will also often ask about the pain levels associated with your condition and what symptoms you experience. Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. You May Like: New York State Short Term Disability. Disability due to diseases (such as arthritis, degenerative joint or disc disease, or . Degenerative Disc Disease is one of the most common causes of low back (lumbar), mid back (thoracic), and neck pain (cervical) in veterans. 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. Do you wonder what is the maximum disability rating for degenerative disc disease? The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate. There are a number of factors that can contribute to the development of degenerative disc disease. He is passionate about helping his patients achieve the best possible outcome and is committed to providing the highest quality of care. 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. Asthma is not a curable condition, but its symptoms can be controlled. However, getting these benefits is often challenging. Degenerative disc disease is a painful spinal condition that can affect daily life. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Some of which are listed below: Diagnostic codes 5242 and 5243 are reserved for arthritis and spinal disc conditions. Secondly, your condition needs to be able to meet any of the blue book listings for musculoskeletal diseases. 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. The VA rating for cervical radiculopathy is determined based on symptoms in the shoulder, arm, and hand. 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. If so, then you need the help of an experienced attorney. Degenerative disc disease typically affects the lower back or neck. 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. There are a few ways that veterans can increase their DDD VA rating. 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) Be sure to click the link to sign up for updates, on matters regarding VA disability benefits for burn pit exposure. Spine conditions are usually rated based upon how limited your back or neck range of motion is. 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. If you are unable to work because of a disability, you may be able to get a Total Disability Individual Unemployability (TDIU) deferment.