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). What Is the Maximum Disability Rating for Degenerative Disc Disease? Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. 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. If this is the case, contact us. Veterans who struggle with mobility or chronic pain may be unable to find work. Heres the brutal truth about VA disability claims: You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Unfavorable ankylosis of the entire spine, Unfavorable ankylosis of the entire thoracolumbar spine, Unfavorable ankylosis of the entire cervical spine; or forward flexion of the thoracolumbar spine 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine, Forward flexion of the cervical spine 15 degrees or less; or favorable ankylosis of the entire cervical spine, Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent or more of the height. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Some of which are listed below: Diagnostic codes 5242 and 5243 are reserved for arthritis and spinal disc conditions. The inflammatory proteins within the disc space can contribute to the progression of disc degeneration over time. He is passionate about helping his patients achieve the best possible outcome and is committed to providing the highest quality of care. 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. Let us prove to you that no one will work harder to win your case than Tucker Disability Law. The rating criteria can often leave veterans with IVDS short-changed because it is based on the amount of bedrest prescribed by a doctor. 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. Many Veterans may not even realize that their degenerative disc disease is service-related. Also Check: Can You Get Disability For Diabetes. 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. Bulging discs are rated based on the number of incapacitating episodes that have occurred due to the disability. The VA can assign you a disability rating outside of the normal range. As a fellow disabled Veteran this is shameful and Im on a mission to change it. It is determined in each case whether or not an extraschedular disability rating should be given. It is particularly difficult for people under the age of forty, as well as those under the age of fifty. This website adheres to the W3Cs AA Accessibility guidelines. 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. Lower back pain (lumbosacral pain) is a common condition that can be distinguished from a variety of other conditions. Citation Nr: 18160441 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. Degenerative disc disease may also qualify as a secondary service-connected disability or one that developed as a result of a service-connected injury. Feeling better while walking or even running than while sitting or standing for long periods of time. 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. You must also provide evidence that shows a service connected disability to your military service. Chat with Us. Government disability programs, no matter how well-intended, miss the mark in approving thousands of legitimate disability claims for degenerative disc disease. 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. degeneration of the disc between the vertebrae is the cause of DDD. If you have severed your DDD while in the military, you must demonstrate that it is a condition that has a direct relationship with your service. DEgenerative disc disease is typically rated as a 20% disability by the VA. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Furthermore, Depression is one of the most common comorbidities in veterans with chronic low back pain. This means any job that pays at least $18,000 per year pre-tax. Usually this happens when a veteran experiences symptoms or limitations that are not considered by the rating schedule. You should exercise on a regular basis if you have this pain. You're not alone. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. It is very common to receive only a 10 or 20 percent rating for neck or back conditions. 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. In addition, there are times when VA can rate veterans outside of the rating schedule. 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. Heavy lifting, family histories of back problems, and spine injuries are just a few of the factors that contribute to DDB. To qualify for TDIU, you must show that your condition prevents you from securing and maintaining substantially gainful employment. By using our website, you agree to the use of certain cookies. The VA uses Diagnostic Codes (DCs) to rate disabilities. These ratings will be based on evidence from medical professionals, a VA claim exam, and information collected from other sources including federal agencies. 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. Instead, they must also explain why it is not due to other factors, such as service. Accurate measurement of the length of stumps, excursion of joints, dimensions, and location of scars with respect to landmarks, should be insisted on. 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. There are a few ways that veterans can increase their DDD VA rating. Degenerative disc disease is a condition that develops and progresses over time. Call 512-454-4000 for Free Consultation. 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. Sometimes degenerative disc disease is accompanied by varying levels of pain. 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. ; The general ratings formula for spine conditions is primarily based on a range of motion. 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. The pain severity and frequency, as well as the individuals age and occupation, all play an important role in determining its severity. The VA ratings for back pain reflect the seriousness of a veterans mobility loss and how much their spine is affected. Tingling and numbness may not last for long periods of time; however, these symptoms may be . 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. Review your medical records with a doctor familiar with VA law to get the best rating. 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. Pre-qualify in 60 seconds for up to $3,345 per month and 12 months back pay. A discectomy is a surgical procedure in which part of the disc is removed and pressure is placed on the affected nerve. How to Get a 100 Percent VA Rating (if deserved)! An attorney can help you find the evidence you need to make your argument. When the discs degenerate or break down, they can no longer perform their function properly. 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. 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. The VA rates degenerative disc disease by assigning a disability rating based on how the condition is impacting the Veterans ability to function. How to File a Claim on VA.gov (step-by-step)! There are a number of factors that can contribute to the development of degenerative disc disease. The VA assigns each applicant a disability rating based on the severity of the service-related condition. Social Security Medical Evaluations We have helped thousands of clients nationwide fight for the disability benefits they deserve. It can also result in numbness and tingling in the upper or lower extremities. A spinal fusion procedure is usually performed in order to relieve pain and allow the spine to heal. 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. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. This evidence will show that you are suffering from degenerative disc disease due to conditions on the job. Additionally, surviving spouses, dependent children, and dependent parents of veterans who were exposed to herbicides (such as. If you do not attend, your claim will likely be denied. If you cant move at all without discomfort or pain, make sure to let the examiner know that. Ill also reveal 3 new insider tips to increase your VA Rating for Degenerate Disc Disease, even if youve already filed or been denied. This condition refers to back or neck pain caused by the general breakdown of spinal discs. You May Like: New York State Short Term Disability. 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. It is not enough for the examiners to simply say that a veterans DDD is due to natural progression and aging. Degenerative disc disease typically affects the lower back or neck. 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 Thousands of other Veterans in our Community are here for you. 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 disabled from a degenerative spinal disc condition and your disability claim has been turned down, we can help. 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. 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. The spine consists of four primary regions from yourneck down to your buttocks and pelvic area . As a result of DDD, some people can manage their pain in a variety of ways. Other spinal conditions cause people to change how they walk, which can lead to leg and knee issues. To get TDIU, you may prove why your service-connected condition prevents you from working. The term degenerative disc disease is used to describe spinal disc changes that occur over time as one ages. Diagnostic codes 5235 through 5243 of 38 CFR 4.71a, Schedule of Ratings, Musculoskeletal System are dedicated to back and neck pain. 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. Schedule a Free Consultation. A medical diagnosis of degenerative disc disease from your doctor; and. 1115 ) Amputations: Upper Extremity 1 Entitled to special monthly compensation. However, the path to getting these benefits is often filled with obstacles. These tasks can place extreme amounts of pressure on your body. 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. However, there are other conditions you need to meet before you can submit an application for disability benefits. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate.Many factorscan lead to DDD, including heavy lifting, family. Your arthritis rating may turn into a spinal fusion claim or a secondary service-connected radiculopathy rating. Degenerative disc disease is the result of disc degeneration in the spine. If you are disabled at home or at work, you can achieve a disability rating regardless of where you are stationed. It is a common VA disability claim for disability caused by a disabling disc disease.
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