Did VA Deny Your Claim for Degenerative Disc Disease? 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. Call Us. Degenerative disc disease is the result of disc degeneration in the spine. 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. ; The general ratings formula for spine conditions is primarily based on a range of motion. Veterans who are believed to have more severe symptoms have received higher ratings from the VA in the past. 100 Percent VA Disability Benefits: Understand Your Claim Options, Social Security Disability Claims and Appeals, Camp Lejeune Justice Act Toxic Water Claims. After leaving active duty, veterans may experience chronic or worsening pain. It has been demonstrated that persistent disc disease can lead to a variety of health problems over time. Immediately below the sacrum are five additional bones,fused together to form the Coccyx . Our attorneys can help you answer this question and more. Regardless, it is known that such toxins may contribute to allergic rhinitis and can be considered having a service connection. Simple exercises will not cause much strain on your back and can be done at home. 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. Lay evidence that you had the condition while in service. Call today! It can also result in numbness and tingling in the upper or lower extremities. When a spinal disc wears down over time, it causes back pain. Disclaimer: This information is not legal advice. We should investigate worsening symptoms and secondary conditions that may have occurred as a result of the degeneration of the disc. Common Signs and Symptoms of Degenerative Disc Disease in Veterans, VA Disability Rating for Degenerative Disc Disease: Basic Eligibility Criteria. Thinner and weaker discs often lead to back pain, muscle weakness, and pinched nerves. degeneration of the disc between the vertebrae is the cause of DDD. If this is the case, contact us. 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. 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 VA can assign you a disability rating outside of the normal range. Additionally, the rating criteria does not take other symptoms or daily limitations into account, such as difficulty sitting, standing, lifting, or bending. If you are unable to work due to Degenerative Disc Disease, you should speak with your caseworker about TDIU benefits. Feeling better by changing positions often or lying down. For example, the VA compensation exam for lower back pain might include a disability benefits questionnaire . Degenerative disc disease is classified as a Musculoskeletal disorder by the VA. It is important to learn more about this condition and the process of recovering VA disability benefits. 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. Feeling better while walking or even running than while sitting or standing for long periods of time. 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. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! The spine consists of four primary regions from yourneck down to your buttocks and pelvic area . Muscle spasm will greatly assist the identification. This can put pressure on the nerves around the disc and cause pain. 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 can also result in numbness and tingling in the upper or lower extremities. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. Back injuries are frequently reported after military service. Welcome to Brandon Orthopedics! 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.. In some cases, degenerative disc disease also causes weakness, numbness, and hot, shooting pains in the arms or legs. It sounds like this may have been an interpretation of an MRI that you had. Knowing how VA ratings for degenerative disc di. Read More. 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. 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%. Usually, its experienced in the back or neck. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. Recommended Reading: What Happens To My Medicare Disability When I Turn 65. 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. The process to receive approval for these benefits is often tedious and frustrating. The last lumbar vertebra articulates with thesacrum. This uneven shift in weight may then contribute to complications in your lower back. Under 38 CFR 4.71a, VA generally rates low back conditions as follows: " 100% - unfavorable ankylosis of the entire spine Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Otherwise, VA should not rely on it for adjudication purposes. The VA may attempt to deny your claim by saying there is no way to determine your condition is due to time spent in service. You should exercise on a regular basis if you have this pain. These examples of functional impairment can limit a veterans daily activities, quality of life, and ability to work. (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. 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. It is particularly difficult for people under the age of forty, as well as those under the age of fifty. To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. Degenerative disc disease (DDD) is a condition that refers to the breakdown of the discs that cushion the vertebrae in your spine. These cases are classified as higher in severity. 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) The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. How can a veteran get a 100% VA rating for back pain? 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. 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. 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. It is important to attend your C&P exam once it is scheduled or contact VA to reschedule if necessary. 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). The VA can award benefits only if it finds a connection between a Veterans impairment and their past military service. 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. If you are unable to work because of a disability, you may be able to get a Total Disability Individual Unemployability (TDIU) deferment. 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. When the involvement is wholly sensory, the rating should befor the mild, or at most, the moderate degree. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. The VA will only grant benefits to veterans who have been diagnosed with an impairment as a result of their military service. It is often hard to get disability for degenerative disc disease. DEgenerative disc disease is typically rated as a 20% disability by the VA. Copyright 2023 VA Claims Insider, LLC. But first, lets explore how the VA looks at Radiculopathyin more detail. The joints involved should be tested for pain on both active and passive motion, in weight-bearing and non-weight-bearing and, if possible, with the range of the opposite undamaged joint. This data may be used to help optimize our websites and make them easier for you to navigate. Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. 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. 5001 Bones and joints, tuberculosis of, active or inactive: Active 100 Inactive: See 4.88c and 4.89 5002 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. Disability due to diseases (such as arthritis, degenerative joint or disc disease, or . A medical diagnosis of degenerative disc disease from your doctor; and. With IVDS, these discs may be displaced at the lumbar, cervical, or thoracic areas of the spine. Heavy lifting, family histories of back problems, and spine injuries are just a few of the factors that contribute to DDB. Degenerative disc disease is a condition that develops and progresses over time. Phone: (866) 282-5260 Fax: (727) 571-1415, Attention: Did you or a family member live or work at. For degenerative disc disease, a Veterans Disability rating of 10% to 20% is typically assigned by the VA. An all-timer rating of 100 percent must be obtained before the VA will declare a veteran incapable of working. 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. In reality, there is no such thing as a cure for everything. Estimate your 2023 VA Rating & Compensation for FREE! However, the path to getting these benefits is often filled with obstacles. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Many Vets have developed serious asthma even chronic asthma because of exposure to harmful burn pit pollutants. Disability due to diseases (such as arthritis, degenerative joint or disc disease, or . If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! It can also cause tingling and numbness in the upper and lower extremities. Qualifying military members with degenerative disc disease can receive benefits. Government disability programs, no matter how well-intended, miss the mark in approving thousands of legitimate disability claims for degenerative disc disease. As the spine wears and tears, the disc degenerates. Common orthopedic conditions impacting veterans include neck pain and low back pain. Also Check: Can You Get Disability For Diabetes. A discectomy is a surgical procedure in which part of the disc is removed and pressure is placed on the affected nerve. However, its also possible that you dont experience any symptoms, or you go through periodic flare-ups of symptoms. Pre-qualify in 60 seconds for up to $3,345 per month and 12 months back pay. You May Like: What Is Long Term Disability Insurance. If this is the case, you may be eligible for total disability based on individual unemployability . Contacting us does not create an attorney-client relationship. However, there are a few ways veterans can increase their DDD VA rating. However, if VA examiners arrive at this conclusion, they must provide adequate rationale to support their determination. 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. The spinal disc is made up of a soft disc that separates your vertebrae and serves as a shock absorber in your spine. This condition can flare up in a few days to a few weeks, causing lasting pain. Extraschedular Disability Ratings Understanding Degenerative Disc Disease Degenerative disc disease is a condition that occurs naturally and affects the discs in your spine. If you cant move at all without discomfort or pain, make sure to let the examiner know that. 2022 DisabilityProAdvice.com | Contact us: [email protected], Degenerative Disc Disease & VA Disability Benefits | VA Appeals Attorneys. 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. However, more commonly, veterans are able to achieve a 100% rating through a combination of back and neck injury ratings and other conditions. 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. Our attorneys will use our expertise to help you fight for your benefits. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. 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. 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. Degenerative disc disease is a common disability among Veterans. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. DEgenerative disc disease is typically rated as a 20% disability by the VA. Diagnosing and treating degeneration disc disease as soon as possible is critical to its early resolution. 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 your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. Your arthritis rating may turn into a spinal fusion claim or a secondary service-connected radiculopathy rating. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck Degenerative disc disease is a condition that occurs naturally and affects the discs in your spine. To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. Sometimes degenerative disc disease is accompanied by varying levels of pain. There are a few ways that veterans can increase their DDD VA rating. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. This can cause pain, numbness, and weakness. These cookies do not store any personal information. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. The discs act as shock absorbers, absorbing the impact from the daily activities and movements of your body. individual unemployability . When evaluating a spinal cord-related disability, the VA is required to take into account both anatomical damage and functional loss. Tingling and numbness may not last for long periods of time; however, these symptoms may be . However, there are a few ways veterans can increase their DDD VA rating. 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. Thousands of other Veterans in our Community are here for 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.