This happens when the soft, inner part of the disc bulges out through a tear in the outer layer. Five bones fused into atriangular shape, form the sacrum. 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. It can also cause tingling and numbness in the upper and lower extremities. The #1 best way to increase your VA rating for Degenerative Disc Disease is to get X-Rays so you have objective medical evidence to show the degradation of your discs over time. After leaving active duty, veterans may experience chronic or worsening pain. In some cases, herniated discs can make it difficult or even impossible to work. 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. Generally, some of the more common symptoms of Degenerative Disc Disease include: To be eligible for a Degenerative Disc Disease VA rating, a veteran must meet three (3) criteria by law: If you think you have a back condition such as Degenerative Disc Disease, but dont have a medical diagnosis,pick-up the phone and call the VA mental health facility nearest youto make an appointment right away! 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. A medical diagnosis of degenerative disc disease from your doctor; and. Heavy lifting, family histories of back problems, and spine injuries are just a few of the factors that contribute to DDB. The Essentials on VA Disability Ratings for Bulging Disc Eric Gang, ESQ Back pain is a common problem for veterans. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. It is possible for migraines to develop as a result of changes in temperature, humidity, and barometric pressure. All information these cookies collect is aggregated and therefore anonymous. 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. Degenerative disc disease (DDD) is a common cause of disc deterioration in the spine. 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. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. Yes, Degenerative Disc Disease is a VA disability and can be rated at 10%, 20%, 30%, 40%, 50%, or 100% depending upon the Frequency, Severity, and Duration of your symptoms. 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. However, there are a few ways veterans can increase their DDD VA rating. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. One of the most common is for herniated discs to develop. The TDIU rating gives the same amount of disability benefits as the 100% rating but does not require the full 100%. You May Like: New York State Short Term Disability. These cookies allow the website to remember choices you make to give you better functionality and personal features. This pressure can cause you to suffer from a condition known as degenerative disc disease, a spinal condition that can cause severe pain. Part of aging is disk deterioration; however, it does not cause pain in everyone. Common orthopedic conditions impacting veterans include neck pain and low back pain. The VA Disability Rating for Degenerative Disc Disease (DDD) is typically found in the lower back or neck. What Is the Maximum Disability Rating for Degenerative Disc Disease? 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. This is where a VA-approved medical professional will perform a comprehensive physical and verbal examination then write their opinion on your condition. 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. You may because back disorders are tricky. It can also cause tingling and numbness in the upper and lower extremities. Chat with Us. Our attorneys will use our expertise to help you fight for your benefits. 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 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. The spinal disc is made up of a soft disc that separates your vertebrae and serves as a shock absorber in your spine. #1. The VA could assign you a herniated disc disability rating from 10% to 100%. When the discs degenerate or break down, they can no longer perform their function properly. A common secondary condition to spinal conditions is also nerve damage or issues. This allows the veteran to get a separate rating from the spinal condition that could potentially increase monthly compensation. The treatment for degenerative disc disease is available in a variety of ways, and the decision is based on the individuals and the severity of the problem. The process to receive approval for these benefits is often tedious and frustrating. How to File a Claim on VA.gov (step-by-step)! Secondary Service Connection for Herniated Discs The maximum disability rating for degenerative disc disease VA compensation is 20 percent without any additional . When evaluating a spinal cord-related disability, the VA is required to take into account both anatomical damage and functional loss. individual unemployability . If you developed degenerative disc disease as a result of military service, you may be eligible for disability benefits through the U.S. Department of Veterans Affairs. radiculopathy, myelopathy, urinary incontinence, frequency, mental health conditions, and so on are examples of secondary conditions and complications. Thinner and weaker discs often lead to back pain, muscle weakness, and pinched nerves. The Spine Institute of Nevada can help you get the diagnosis and treatment you need for back pain. 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. Other neck conditions have maximum schedular ratings of 40 percent or lower. Degenerative disc disease is classified as a Musculoskeletal disorder by the VA. There are a number of factors that can contribute to the development of degenerative disc disease. Don't Miss: Is Aflac Short Term Disability Worth It The discs between your vertebrae will lose their cushioning and begin to fragment, often causing them to herniate. Most Common Back Pain VA Claims and Ratings Among Veterans. 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. It may cause back and neck pain and sometimes impact nerve function. The speed and extent of deterioration are dependent on external factors. Are you a veteran suffering from degenerative disc disease? To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. The VA rating for radiculopathy in the lower back will be based on symptoms felt in their lower limbs, such as feet, calves, or thighs. Be sure to click the link to sign up for updates, on matters regarding VA disability benefits for burn pit exposure. The VA uses diagnostic code 5003 to evaluate back conditions like osteoarthritis. These cookies are essential so that you can move around the website and use its features. Read Also: Chances Of Winning Disability In Federal Court. It sounds like this may have been an interpretation of an MRI that you had. 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. 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. Getting a diagnosis as soon as possible, as well as having a pain management physician develop a treatment plan, are two of the most important steps to avoid complications. If you cant move at all without discomfort or pain, make sure to let the examiner know that. There are a few ways that veterans can increase their DDD VA rating. Did VA Deny Your Claim for Degenerative Disc Disease? Can I Get Disability With Degenerative Disc Disease In order to apply for a secondary service connection, you must demonstrate that one disability resulted directly from the other. The VA rates a secondary condition separately. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 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. It may cause back and neck pain and sometimes impact nerve function. 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. If you have received a VA disability claim denial, the attorneys at Tucker Disability Law can step in to help you appeal your claim. It has been demonstrated that persistent disc disease can lead to a variety of health problems over time. To receive a 30% rating or above, a veteran must prove ankylosis, which is joint stiffness caused by an injury or a disease. 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 website adheres to the W3Cs AA Accessibility guidelines. To achieve the full disability rating, you must complete all of the steps. The breaking open of a spinal disc is called a prolapsed or herniated disc. 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. 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. . 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. The VA can assign you a disability rating outside of the normal range. 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.. An individuals eligibility for DDD benefits can be determined by a number of factors. This occurs when your level of disability is beyond what the rating criteria typically reflects. 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. Your Degenerative Disc Disease was caused or made worse by your active-duty military service OR by another service connected disability for secondary service connection (Nexus for service connection), #3. If you are unable to work because of a disability, you may be able to get a Total Disability Individual Unemployability (TDIU) deferment. Our attorneys can help you answer this question and more. Military service puts a lot of stress on your body. The ratings also factor in whether a veteran feels pain, stiffness, or aching in their spine. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. The VA Disability Rating for Degenerative Disc Disease: A Guide by Berry Law is an important source. The sacrum fits between the two hipbones connecting thespine to the pelvis. If this is the case, you may be eligible for total disability based on individual unemployability . This information is not a substitute for legal advice. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Bulging discs are rated based on the number of incapacitating episodes that have occurred due to the disability. If you are suffering from the effects of cervical degenerative disc disease you may qualify for Social Security disability benefits. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. You May Like: What Is Long Term Disability Insurance. You're not alone. 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. Our team of experts, doctors, and orthopedic specialists are here to share their knowledge and experience with you in order to help you make informed decisions about your health and well-being. It is not enough for the examiners to simply say that a veterans DDD is due to natural progression and aging. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. As discussed above, the VA typically assigns a Veterans Disability rating of between 10 and 20% for degenerative disc disease. This will effectively increase your VA disability rating. Call Us. Spine conditions are usually rated based upon how limited your back or neck range of motion is. Government disability programs, no matter how well-intended, miss the mark in approving thousands of legitimate disability claims for degenerative disc disease. Social Security Medical Evaluations Pain, numbness, weakness, or tingling in the extremities. There is no maximum disability rating for degenerative disc disease, as the condition is not considered to be a service-connected disability. 100 Percent VA Disability Benefits: Understand Your Claim Options, Social Security Disability Claims and Appeals, Camp Lejeune Justice Act Toxic Water Claims. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 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. confirm with the actual CFR for VA disability ratings but this one has seemed to be very accurate with it. Accurate measurement of the length of stumps, excursion of joints, dimensions, and location of scars with respect to landmarks, should be insisted on. 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 examples of functional impairment can limit a veterans daily activities, quality of life, and ability to work. There are a few different secondary conditions that can arise from degenerative disc disease. However, individuals with degenerative disc disease may be eligible for Social Security Disability benefits if their condition prevents them from being able to work. Schedule a Free Consultation. Muscle atrophy must also be accurately measured and reported. This website is designed for general information only. Due to the extra bodily wear and tear brought on by What is Degenerative Disc Disease in Veterans? The VA will consider factors such as pain, numbness, tingling, muscle weakness, and difficulty walking to determine the veterans disability rating. If you've recently filed a DDD claim or are waiting for your case to be resolved, you can contact the Hill Ponton team. 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. 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. 1115 ) Amputations: Upper Extremity 1 Entitled to special monthly compensation. 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. Get to know us through our videos. The spine can affect every other part of your body. 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. 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. Some veterans may also develop degenerative disc disease as the result of an already service-connected condition. It is very common to receive only a 10 or 20 percent rating for neck or back conditions. Sometimes degenerative disc disease is accompanied by varying levels of pain. 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. Though the practice was effective in reducing large quantities of waste, the burn pits emitted large clouds of toxic smoke which was later proven to cause many adverse health conditions. Many veterans suffer from various back conditions due to their military service to include Degenerative Disc Disease. Your VA disability rating for back injury or spine injury will depend on which code the condition falls under. Just fill out the form and we. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Degenerative disc disease is known to be a condition that develops over time. This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. Welcome to Brandon Orthopedics! 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. This can cause pain, numbness, and weakness. Degenerative disc disease (DDD) is one of the spine conditions that qualifies for disability benefits. Pain that worsens when sitting (while seated, the discs of the lower back have 3x more load on them than when standing). Because the general rating formula for diseases and injuries of the spine talk about flexion, which is the act of flexing or bending. Do You Deserve a Higher VA Disability Rating? Water loss and disc damage gradually leads to thinner and weaker discs that cannot effectively cushion the vertebrae. 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. 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. Certain spinal conditions can lead to other conditions that can be claimed for an additional rating. Fixed movement of the entire spine qualifies for a 100% rating. 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. One of the rated conditions I left the Army with was "Degenerative Disc Disease" at 10%. 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. However, its also possible that you dont experience any symptoms, or you go through periodic flare-ups of symptoms. In general, the ratings for spine conditions are based on range of motion. For example, DDD can lead to other conditions among veterans, such as: You can file a disability claim for any secondary symptoms or conditions caused by your service-connected degenerative disc disease. In some cases, a surgical procedure may be required to relieve pressure on the disc. Walking or swimming is an appropriate form of exercise that is low-impact. Feeling better while walking or even running than while sitting or standing for long periods of time. Copy this embed code to share the infographic on your own site. Consult with our nationally recognized law firm to receive assistance. However, you may experience some numbness or tingling in your arms or legs. 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. However, getting these benefits is often challenging. 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. Medical professionals call this 'radicular 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. He or she will gather evidence that proves the VA came to the wrong conclusion. It is a disease that occurs as a result of the degeneration of the discs in the spine. degenerative disc disease is a progressive condition, meaning that it typically gets worse over time. Thousands of other Veterans in our Community are here for you. However, looking back on your time in the military, you may be able to quickly recall situations that may have led to chronic back and spine problems: Recommended Reading: Will I Lose My Disability If I Work Part Time. The VA will only grant benefits to veterans who have been diagnosed with an impairment as a result of their military service. AtVA Claims Insider, we help fellow Veterans celebrateLIFE CHANGEby getting them the VA disability rating and compensationYOU DESERVEby law. 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. 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. 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. However, there are a few ways veterans can increase their DDD VA rating. However, you may wonder what is the maximum disability rating for degenerative disc disease? The remaining 70% do not receive a disability rating. The ratings also factor in whether a veteran feels pain, stiffness, or aching in their spine. 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. 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. Make Today The Last Day You Worry About Your Disability Claim. If you are disabled at home or at work, you can achieve a disability rating regardless of where you are stationed. You may be eligible for a secondary service connection if your degeneration of your disc progresses over time. Additionally, surviving spouses, dependent children, and dependent parents of veterans who were exposed to herbicides (such as. This will effectively increase your VA disability rating. Your arthritis rating may turn into a spinal fusion claim or a secondary service-connected radiculopathy rating. 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. 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. The percentage of arthritis of the back will be based on the number of joints/joint groups affected and the extent of incapacitation, with 10 being the most common. 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. Usually this happens when a veteran experiences symptoms or limitations that are not considered by the rating schedule.