Rhinitis also is present with the common cold, which is a temporary condition, so make sure to empahsize allergic rhinitis. This allows the veteran to get a separate rating from the spinal condition that could potentially increase monthly compensation. He is passionate about helping his patients achieve the best possible outcome and is committed to providing the highest quality of care. Back injuries are frequently reported after military service. Phone: (866) 282-5260 Fax: (727) 571-1415, Attention: Did you or a family member live or work at. Can you claim VA disability for degenerative discs? Code O-2 ( 38 CFR 3.350 (e) (2)). How to Get a 100 Percent VA Rating (if deserved)! When a nerve root is compressed, it becomes inflamed. Degenerative disc disease (DDD) occurs when the discs between the vertebrae deteriorate causing pain, weakness, tingling, and or numbness. 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. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. It takes a 100% rating from the VA to determine whether a veteran is completely incapable of working. It is the intention to recognize painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. According to VA, if degenerative arthritis is established by X-ray findings, the veterans condition will be rated based on limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. 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. 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. Can I Get Disability With Degenerative Disc Disease Slouching and a sedentary lifestyle are the most common causes of degeneration of the discs in the discs. If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. If you are suffering from degenerative disc disease and you are unable to work, you may be eligible for Social Security Disability benefits. It is a common VA disability claim for disability caused by a disabling disc disease. Many veterans with degenerative disc disease have been forced to live on the floor. In order to apply for a secondary service connection, you must demonstrate that one disability resulted directly from the other. Also Check: Can You Get Disability For Diabetes. 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. 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. 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. In addition, there are times when VA can rate veterans outside of the rating schedule. 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. VA Disability Rating for Neck Pain | The Tuley Law Office 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. Bulging discs are rated based on the number of incapacitating episodes that have occurred due to the disability. Call Us. 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. #1. Determining Your Degenerative Disc Disease Disability Rating. Thick yellow or green discharge from the nose, Drainage down the back of the throat (postnasal drainage), Nasal obstruction or congestion, causing difficulty breathing through your nose, Pain, tenderness, and swelling around your eyes, cheeks, nose, or forehead, Loss of smell and reduced ability to taste, Veterans who served in specified locations and time periods do not have to prove a connection between their sinusitis and service to be eligible for VA health care and disability compensation. Read Also: Chances Of Winning Disability In Federal Court. hay fever). The effects of DDD can be severe on a disabled Veterans family and finances. In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. 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) Furthermore, Depression is one of the most common comorbidities in veterans with chronic low back pain. Though back and neck conditions both stem from the spine in most instances, VA rates them as separate disabilities. 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. Degenerative disc disease is a condition that develops and progresses over time. If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. Degenerative disc disease typically affects the lower back or neck. Do You Have Long-Term Disability Insurance Coverage? DDD can also cause radiculopathy, herniation discs, neurological impairments, and spinal stenosis, in addition to other conditions. It can also result in numbness and tingling in the upper or lower extremities. Degenerative disc disease (DDD) is a common cause of disc deterioration in the spine. You may have infrequent asthma attacks, have symptoms only at certain times, such as when exercising, or you may have symptoms all of the time. Veteran disability ratings for degenerative disc disease are typically between 10% and 20% of the VA's disability rate. For instance, which pages you go to most. 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. This article will only focus on the portion of that formula that relates to the thoracolumbar spine. Functional loss may be due to deformity, improper nerve function (defective innervation), adhesions, atrophy or pain. 100 Percent VA Disability Benefits: Understand Your Claim Options, Social Security Disability Claims and Appeals, Camp Lejeune Justice Act Toxic Water Claims. Men and women like you often perform strenuous tasks, including running, jumping, and lifting. These ratings will be based on evidence from medical professionals, a VA claim exam, and information collected from other sources including federal agencies. You May Like: New York State Short Term Disability. 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. To get TDIU, you may prove why your service-connected condition prevents you from working. That formula actually covers both the cervical and thoracolumbar parts of the spine. during military service and died as the result of service-connected conditions may also be eligible for VA survivors benefits. To receive a 30% rating or above, a veteran must prove ankylosis, which is joint stiffness caused by an injury or a disease. One of the rated conditions I left the Army with was "Degenerative Disc Disease" at 10%. These examples of functional impairment can limit a veterans daily activities, quality of life, and ability to work. There are different levels of pain associated with degenerative disc disease. VA Disability for Bulging Discs | PTSD Lawyers - Berry Law 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. Lower back pain (lumbosacral pain) is a common condition that can be distinguished from a variety of other conditions. 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. If you have been diagnosed with a condition caused by military service, you may be eligible for disability benefits. A medical connection linking your diagnosed allergic rhinitis. When the discs degenerate or break down, they can no longer perform their function properly. It can also result in numbness and tingling in the upper or lower extremities. FINDING OF FACT The evidence is at least evenly balanced as to whether the Veteran's obstructive Neck Conditions: How To Get VA Disability - The Veterans Law Office 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. To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. Do You Qualify for Long Term Disability Benefits? Attending a C& P exam with a medical professional can also potentially help you discover the presence of secondary conditions you were unaware of. Pain, numbness, weakness, or tingling in the extremities. This is when the spaces in the spine narrow, which can put pressure on the spinal cord and nerves. Degenerative Disc: Degenerative disc disease typically does not cause a permanent disability. However, there are a few ways veterans can increase their DDD VA rating. In fact, physicians have often held that such long durations of bedrest can actually do more harm for disabilities of the spine than they can help. The ratings for the peripheral nerves are for unilateralinvolvement when bilateral, combine with application of the bilateral factor. 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. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. The formula that VA uses to rate back disabilities with a diagnosis code between 5235 and 5242is the same. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. 7 Things You Must Know About a Herniated Disc VA Rating (Ultimate Guide) It can also cause tingling and numbness in the upper and lower extremities. 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. Additionally, the rating criteria does not take other symptoms or daily limitations into account, such as difficulty sitting, standing, lifting, or bending. Our attorneys will use our expertise to help you fight for your benefits. They may allege that your condition is due to the natural progression of aging. 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. 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. This condition is rather common and typically interferes with the way mucus drains, causing your nose to be stuffy. The term degenerative disc disease is used to describe spinal disc changes that occur over time as one ages. In most cases, veterans will have to provide evidence of the following three elements of their service connection in pursuing compensation: Its been demonstrated that veterans who were exposed to the environmental hazards from open-air burn pits are at higher risk for developing allergic rhinitis, and other respiratory conditions so, to your advantage, that is a known fact. Neck conditions typically affect the cervical spine, which consists of seven bones that are separated by intervertebral discs. VA Disability Ratings for Back Pain 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. 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. Simple exercises will not cause much strain on your back and can be done at home. Doctors seldom check a patient's ability to stoop, bend, or crouch during an examination, and yet bending, stooping, and crouching are the three primary nonexertional limitations that disability examiners look for when they evaluate the RFC of applicants with degenerative disc disease. One of the most common is for herniated discs to develop. 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. 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. Some injuries to the spine might cause weakness in areas such as the arms, shoulders, or hips. Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. Sometimes the VA Regional Office (RO) will request you attend aCompensation and Pension (C&P) examto assess your degenerative disc disease. 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. If you cant move at all without discomfort or pain, make sure to let the examiner know that. As a fellow disabled Veteran this is shameful and Im on a mission to change it. As the discs burn out, these proteins are replaced by new ones, causing the discs to stiffen and micro-motions to decrease. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. It states that your degenerative disc disorder needs to have caused a compromised nerve root of the spinal cord or you need to provide proof that the root compression causes spinal pain, restricted spinal movement, a reduction in motor function and muscle weakness including loss of reflexes and touch. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. Which it turns out are more than just one item. Usually, its experienced in the back or neck. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. Veterans Serving Veterans For retrolisthesis to be a disability, you will need to meet a Blue Book listing, demonstrating your retrolisthesis is severe enough to qualify for disability benefits. Have you been affected by Camp Lejeune water contamination? 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. 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. Pain that worsens when standing, bending, lifting, or twisting. Degenerative disc disease refers to symptoms of back or neck pain caused by wear-and-tear on a spinal disc. Va Disability Rating For Degenerative Disc Disease Military service can place an incredible amount of stress on the body. What is Retrolisthesis and Can I Qualify for Disability Benefits? If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. Degenerative disc disease is the result of disc degeneration in the spine. Because the general rating formula for diseases and injuries of the spine talk about flexion, which is the act of flexing or bending. To file for secondary service connection, you will need: Importantly, you do not have to file for secondary conditions at the same time as filing for primary conditions. It is possible for migraines to develop as a result of changes in temperature, humidity, and barometric pressure. 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. 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. 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.
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