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(Authority: 38 U.S.C. degeneration of the disc between the vertebrae is the cause of DDD. Make sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Be sure to click the link to sign up for updates, on matters regarding VA disability benefits for burn pit exposure. A veteran receives a 100% rating if their entire spine is immovable because of a back injury. In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. 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 VA can assign you a disability rating outside of the normal range. If you are disabled from a degenerative spinal disc condition and your disability claim has been turned down, we can help. A nexus is the direct link between a disability, either physical or psychological, that a Veteran suffers from and their time in the military. 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. It is a common VA disability claim for disability caused by a disabling disc disease. Under 38 CFR 4.71a, VA generally rates low back conditions as follows: " 100% - unfavorable ankylosis of the entire spine To receive an extraschedular disability rating, you must show the VA why your condition is worse than the 50% maximum. However, getting these benefits is often challenging. Monitoring Your Disability Insurance Claim. 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. VA Claims Insider Testimonial: Elite Success Story Dons been through a lot. Immediately below the sacrum are five additional bones,fused together to form the Coccyx . This evidence will show that you are suffering from degenerative disc disease due to conditions on the job. So, lets take a minute to explore the law regarding the symptoms and impairment required to warrant a VA rating for Degenerative Disc Disease. Many toxins from these burn pits were released into the air, including volatile organic compounds, hydrocarbons, dioxins, and furans. 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. You're not alone. Part of aging is disk deterioration; however, it does not cause pain in everyone. 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. Is It Hard to Get Disability for Degenerative Disc Disease? Government disability programs, no matter how well-intended, miss the mark in approving thousands of legitimate disability claims for degenerative disc disease. For VA disability purposes, the four regions listed below will be considered when it comes to your final VA rating for Radiculopathy. Accurate Measurement of Limitation of Range of Motion. 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. Back conditions typically correspond to the thoracolumbar spine, which is composed of several different types of vertebrae. Knowing how VA ratings for degenerative disc di. 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. #1. The VA will only grant benefits to veterans who have been diagnosed with an impairment as a result of their military service. This uneven shift in weight may then contribute to complications in your lower back. Asthma symptoms will vary from person to person. It can also cause tingling and numbness in the upper and lower extremities. Receive answers to more of your VA disability claim questions. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Degenerative disc disease refers to symptoms of back or neck pain caused by wear-and-tear on a spinal disc. Service Connection Approximately 30% of American adults experience back pain at some point. Degenerative disc disease is a condition that develops and progresses over time. In some cases, a surgical procedure may be required to relieve pressure on the disc. He is passionate about helping his patients achieve the best possible outcome and is committed to providing the highest quality of care. Fighting insurance companies and the VA is what we do 24/7. This means that 30% of veterans who are diagnosed with degenerative disc disease receive a disability rating from the VA. Just fill out the form and we. Degenerative disc disease is a term used to describe the changes in the spinal discs due to age and/ or injury. 2023 Brandon Orthopedics | All Right Reserved, The Truth About Spinal Stenosis: Causes Symptoms And Treatments, Can Years Of Surfing Contribute To Spinal Stenosis, The Effects Of Spinal Stenosis And Carpal Tunnel, Should I Apply Ice Or Heat To A Compression Fracture, How Does A Soft Bed Prevent Healing Of Herniated Disc, Herniated Discs: How To Sleep Without Worrying About Rupturing Your Discs, If You Have A Herniated Disc You Know The Excruciating Pain It Can Cause. 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. This condition refers to back or neck pain caused by the general breakdown of spinal discs. A veterans Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Sciatic neuritis is not uncommonly caused by arthritis of the spine. 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. To help the VA determine VA disability ratings for back pain, a compensation and pension exam is usually required. In some cases, degenerative disc disease also causes weakness, numbness, and hot, shooting pains in the arms or legs. Degenerative disc disease (DD) can only be diagnosed if you have a doctors examination of your body. Our attorneys answer this question and more in the following text. It is frequently caused by things like incorrectly lifting heavy objects, as well as chronic pain conditions like osteoarthritis and rheumatoid arthritis. 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. With IVDS, these discs may be displaced at the lumbar, cervical, or thoracic areas of the spine. Intervertebral disc syndrome is a common cause of back pain. Thank. The VA rates degenerative disc disease by assigning a disability rating based on how the condition is impacting the Veterans ability to function. Which it turns out are more than just one item. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate. Degenerative disc disease (DDD) is a common cause of disc deterioration in the spine. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. Whether from the physical rigors of combat, from the psychosomatic effects of stress and anxiety on the body, or from other factors, many soldiers can leave their time in the military with a wide range of physical problems. If you are suffering from degenerative disc disease and you are unable to work, you may be eligible for Social Security Disability benefits. Walking or swimming is an appropriate form of exercise that is low-impact. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. Spine conditions are usually rated based upon how limited your back or neck range of motion is. 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. Veterans Serving Veterans Many Veterans may not even realize that their degenerative disc disease is service-related. Because the general rating formula for diseases and injuries of the spine talk about flexion, which is the act of flexing or bending. Allergic rhinitis is an inflammation of the mucous membrane of the nose, caused by an allergic reactionto specific allergens (e.g. You may be eligible for a secondary service connection if your degeneration of your disc progresses over 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. 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. Otherwise, VA should not rely on it for adjudication purposes. It may cause back and neck pain and sometimes impact nerve function. Certain spinal conditions can lead to other conditions that can be claimed for an additional rating. If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. 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. 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. If there is a service-connected connection between the impairment and service time, a military member may be eligible for disability benefits. The middle and upper back area is your thoracic spine andthe lower back area is your lumbar spine. Call today! The degenerative process of the spinal disc can begin gradually or abruptly, but it can progress for up to three decades, during which time the spine is restabilized, and pain is reduced or eliminated. The VA rating for cervical radiculopathy is determined based on symptoms in the shoulder, arm, and hand. There are a few ways that veterans can increase their DDD VA 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. Tingling and numbness may not last for long periods of time; however, these symptoms may be . 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. confirm with the actual CFR for VA disability ratings but this one has seemed to be very accurate with it. In the United States, 15% of women experience pelvic pain for more than six months. Degenerative Disc Disease of the Lumbar Spine 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. Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. In addition, there are times when VA can rate veterans outside of the rating schedule. Regardless, it is known that such toxins may contribute to allergic rhinitis and can be considered having a service connection. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. It has been demonstrated that persistent disc disease can lead to a variety of health problems over time. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. These cookies allow the website to remember choices you make to give you better functionality and personal features. The spinal disc is made up of a soft disc that separates your vertebrae and serves as a shock absorber in your spine. However, you may experience some numbness or tingling in your arms or legs. Degenerative disc disease is a common disability among Veterans. As the spine wears and tears, the disc degenerates. When evaluating a spinal cord-related disability, the VA is required to take into account both anatomical damage and functional loss. For a free consultation, contact our nationally recognized law firm today at (866) 282-5260. The measurements used for determining compensation are as follows: If you are still in the military, then you can request your military physician to refer you to the MEB and start the IDES process. Secondary Service Connection for Herniated Discs The maximum disability rating for degenerative disc disease VA compensation is 20 percent without any additional . You must be open, honest, and truthful at your C&P exam for Degenerative Disc Disease, and make sure toSTOPthe C&P examiner as soon as you feel any discomfort or pain. There is no maximum disability rating for degenerative disc disease, as the condition is not considered to be a service-connected disability. Are you a veteran suffering from degenerative disc disease? To be eligible for this, you must have a disability that is rated at 60% or higher by the service provider. Get to know us through our videos. Degenerative Disc Disease is a painful spinal disorder caused by the steady degeneration of the intervertebral discs, which are the pads that cushion the bones in the vertebrae of your spine. Neck conditions typically affect the cervical spine, which consists of seven bones that are separated by intervertebral discs. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate.Many factorscan lead to DDD, including heavy lifting, family. Most Common Back Pain VA Claims and Ratings Among Veterans. 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. You will need to provide medical evidence that your retrolisthesis meets the SSA's definition of severe and will . The term degenerative disc disease is used to describe spinal disc changes that occur over time as one ages. The VA ratings for back pain reflect the seriousness of a veterans mobility loss and how much their spine is affected. For instance, which pages you go to most. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. We are an online blog dedicated to providing comprehensive and accurate information about orthopedics and injury prevention. 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. In order to apply for a secondary service connection, you must demonstrate that one disability resulted directly from the other. 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). Some people with DDD may experience no pain while others may experience debilitating pain that inhibits their daily life. What Is the Maximum Disability Rating for Degenerative Disc Disease? If this is the case, contact us. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. You May Like: What Is Long Term Disability Insurance. These ratings will be based on evidence from medical professionals, a VA claim exam, and information collected from other sources including federal agencies. 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. Therefore, VA must determine if the veteran is eligible for a rating higher than the ones set forth by the rating schedule. 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. 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.. This article will only focus on the portion of that formula that relates to the thoracolumbar spine. By Bethany K. Laurence, Attorney. Can you claim VA disability for degenerative discs? It can also cause tingling and numbness in the upper and lower extremities. To qualify for service-connected compensation for allergic rhinitis, veterans must prove that their condition was caused by or aggravated by their time spent in service. 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. Find out if you qualify for SSDI benefits. Copyright 2023 VA Claims Insider, LLC. Veteran disability ratings for degenerative disc disease are typically between 10% and 20% of the VA's disability rate. Degenerative disc disease (DDD) is a condition that refers to the breakdown of the discs that cushion the vertebrae in your spine. If you've recently filed a DDD claim or are waiting for your case to be resolved, you can contact the Hill Ponton team. Bulging discs are rated based on the number of incapacitating episodes that have occurred due to the disability. You may also qualify for Total Disability based on Individual Unemployability. To recover service-connected compensation disability benefits for degenerative disc disease, you must meet a certain threshold required by the U.S. Department of Veterans Affairs (VA). However, if you can prove that your degenerative disc disease was connected to your military service, you will receive a disability rating from the VA. All of the medical documentation that you have gathered for your VA disability rating can be used as evidence in your SSDI application. You should exercise on a regular basis if you have this pain. The VA will consider factors such as pain, numbness, tingling, muscle weakness, and difficulty walking to determine the veterans disability rating. This can put pressure on the nerves around the disc and cause pain. DDD can also cause radiculopathy, herniation discs, neurological impairments, and spinal stenosis, in addition to other conditions. Welcome to Brandon Orthopedics! Call our law firm, toll free at 800-562-9830 or contact us . 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. Citation Nr: 18160441 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. They may allege that your condition is due to the natural progression of aging. The spine can affect every other part of your body. For example, the VA compensation exam for lower back pain might include a disability benefits questionnaire . This information is not a substitute for legal advice. Accurate measurement of the length of stumps, excursion of joints, dimensions, and location of scars with respect to landmarks, should be insisted on. In this case, if the Veteran develops DJD in any other joint in the future, that joint is automatically subject to service connection. 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 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. 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) For example, a Veteran with mild degenerative disc disease may be assigned a 10 percent disability rating, while a Veteran with severe degenerative disc disease may be assigned a 100 percent disability rating. This can make breathing difficult and result in coughing and wheezing when you breathe out, as well as shortness of breath. 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. These codes guide the VA on how to rate your disability at a certain percentage level based on specific symptoms. Just fill out the form and we 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.