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. 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. VA Unemployability Explained What is TDIU? 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. Therefore, VA must determine if the veteran is eligible for a rating higher than the ones set forth by the rating schedule. Asthma is a condition in which your air passageways swell and narrow and may produce extra mucus. 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). 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. This means any job that pays at least $18,000 per year pre-tax. There are a few ways that veterans can increase their DDD VA rating. In the long run, the disc can become compressed, resulting in an extremely painful condition. These cookies are essential so that you can move around the website and use its features. Diagnosing and treating degeneration disc disease as soon as possible is critical to its early resolution. The patient will be able to live a pain-free life without any limitations if a qualified healthcare provider manages their pain. There are a number of factors that can contribute to the development of degenerative disc disease. 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. Degenerative Disc Disease & You VA Claim - VA Disability Advocates Blog 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 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. You may have questions like, what is the maximum disability rating for degenerative disc disease? Additionally, surviving spouses, dependent children, and dependent parents of veterans who were exposed to herbicides (such as. 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. These cases are classified as higher in severity. The VA rating for cervical radiculopathy is determined based on symptoms in the shoulder, arm, and hand. If you have recently filed a DDD claim or are considering one, the team at Hill can assist you. The VA could assign you a herniated disc disability rating from 10% to 100%. One of the rated conditions I left the Army with was "Degenerative Disc Disease" at 10%. Review your medical records with a doctor familiar with VA law to get the best rating. Degenerative Disc: Degenerative disc disease typically does not cause a permanent disability. Degenerative disc disease is the result of disc degeneration in the spine. This means any job that pays at least $18,000 per year pre-tax. This condition is rather common and typically interferes with the way mucus drains, causing your nose to be stuffy. Asthma symptoms will vary from person to person. VA Rating for Degenerative Disc Disease (2022) - otarbo.com Veterans who struggle with mobility or chronic pain may be unable to find work. VAs own clinical guidelines advise VA physicians to encourage patients with low back pain to remain active, and that remaining active is more effective than resting in bed for patients with low back pain. FINDING OF FACT The evidence is at least evenly balanced as to whether the Veteran's obstructive Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Degenerative disc disease typically affects the lower back or neck. 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. 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. The VA uses two different Diagnostic Codes to rate herniated discs: By using our website, you agree to the use of certain cookies. 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. 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. However, getting these benefits is often challenging. Regardless, it is known that such toxins may contribute to allergic rhinitis and can be considered having a service connection. 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. radiculopathy, myelopathy, urinary incontinence, frequency, mental health conditions, and so on are examples of secondary conditions and complications. Is Degenerative Disc Disease A Va Disability - DisabilityTalk.net 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. For a free case evaluation, call CCK today at 800-544-9144. Persistent and recurring symptoms of Degenerative Disc Disease (Severity of Symptoms), Difficulty walking because of a limited line of vision, Restricted opening of the mouth and chewing, Breathing limited to diaphragmatic respiration, Gastrointestinal symptoms due to pressure of the coastal margin on the abdomen, Alantoaxial or cervical subluxation or dislocation, Neurologic symptoms due to nerve root stretching, Better Business Bureau (BBB) Accredited Business. Your arthritis rating may turn into a spinal fusion claim or a secondary service-connected radiculopathy rating. Youll also see the termUnfavorable Ankylosis,which is a condition in which the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following: VA disability ratings for Degenerative Disc Disease also depend upon Functional Loss, which means impairment of spine function as determined by range of motion as reported in the physical examination and additional loss of range of motion after repetitive use caused by the following factors: VA disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. That formula actually covers both the cervical and thoracolumbar parts of the spine. Degenerative disc disease may also qualify as a secondary service-connected disability or one that developed as a result of a service-connected injury. Muscle atrophy must also be accurately measured and reported. 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. How Long Does It Take to Get Your VA Disability Rating? 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. You may be eligible for a secondary service connection if your degeneration of your disc progresses over time. It takes a 100% rating from the VA to determine whether a veteran is completely incapable of working. A veteran receives a 100% rating if their entire spine is immovable because of a back injury. What Conditions Qualify for Disability Benefits? Find out if you qualify for SSDI benefits. If you have a disc problem, you may require surgery to replace it or to fusion your vertebrae. They may allege that your condition is due to the natural progression of aging. They all go together, so make sure you work with an experienced lawyer to get ratings for all of them. DEgenerative disc disease is typically rated as a 20% disability by the VA. It mostly occurs in your lower back or neck. Degenerative Disc Disease & VA Disability Benefits - YouTube Check out our Google reviews. The ratings for the peripheral nerves are for unilateralinvolvement when bilateral, combine with application of the bilateral factor. The ratings also factor in whether a veteran feels pain, stiffness, or aching in their spine. The VA ratings for back pain reflect the seriousness of a veterans mobility loss and how much their spine is affected. The VA will only grant benefits to veterans who have been diagnosed with an impairment as a result of their military service. DDD can also cause radiculopathy, herniation discs, neurological impairments, and spinal stenosis, in addition to other conditions. Veterans with DDD are often denied benefits or given low disability ratings because an examiner dismisses the disease as the result of the normal wear and tear of aging. Pain that worsens when sitting (while seated, the discs of the lower back have 3x more load on them than when standing). 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). Our attorneys answer this question and more in the following text. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent . The middle and upper back area is your thoracic spine andthe lower back area is your lumbar spine. Make sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. The rating criteria for this diagnostic code is virtually the same as diagnostic code 5003, which is used to rate degenerative arthritis. We should investigate worsening symptoms and secondary conditions that may have occurred as a result of the degeneration of the disc. The remaining 70% do not receive a disability rating. Yes, retrolisthesis can be considered a disability by the SSA. This allows the veteran to get a separate rating from the spinal condition that could potentially increase monthly compensation. 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. Service Connection This 20 percent rating or the 10 percent rating, when applicable, will be assigned once only to cover disability at all sites of previously active infection with a future ending date in the case of the 20 percent rating. The ratings also factor in whether a veteran feels pain, stiffness, or aching in their spine. For VA disability purposes, the four regions listed below will be considered when it comes to your final VA rating for Radiculopathy. Lay evidence that you had the condition while in service. Is It Hard to Get Disability for Degenerative Disc Disease? If youre having difficulty with DDD, talk with a doctor or veterans service officer to learn more about your rights and benefits. So, lets take a minute to explore the law regarding the symptoms and impairment required to warrant a VA rating for Degenerative Disc Disease. Degenerative disc disease is often accompanied by varying levels of pain. To find out more, view our Privacy Policy. Though back and neck conditions both stem from the spine in most instances, VA rates them as separate disabilities. Degenerative disc disease is a term used to describe the changes in the spinal discs due to age and/ or injury. As a result of DDD, some people can manage their pain in a variety of ways. Chat with Us. The spine consists of four primary regions from yourneck down to your buttocks and pelvic area . The discs act as shock absorbers, absorbing the impact from the daily activities and movements of your body. This website is designed for general information only. A medical diagnosis of degenerative disc disease from your doctor; and. Phone: (866) 282-5260 Fax: (727) 571-1415, Attention: Did you or a family member live or work at. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. We have helped thousands of clients nationwide fight for the disability benefits they deserve. 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. If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. 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. This article will only focus on the portion of that formula that relates to the thoracolumbar spine. For a free consultation, contact our nationally recognized law firm today at (866) 282-5260. Though the practice was effective in reducing large quantities of waste, the burn pits emitted large plumes of toxic smoke which was later found to cause many adverse health effects. DEgenerative disc disease is typically rated as a 20% disability by the VA. If so, then you need the help of an experienced attorney. If you have been diagnosed with a condition caused by military service, you may be eligible for disability benefits. 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. 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. The VA ratings for back pain reflect the seriousness of a veteran's mobility loss and how much their spine is affected. In some cases, degenerative disc disease also causes weakness, numbness, and hot, shooting pains in the arms or legs. Copy this embed code to share the infographic on your own site. What is the Degenerative Disc Disease VA Rating? Pre-qualify in 60 seconds for up to $3,345 per month and 12 months back pay. We help disabled veterans nationwide. In some cases, herniated discs can make it difficult or even impossible to work. during military service and died as the result of service-connected conditions may also be eligible for VA survivors benefits. 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. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! There are different levels of pain associated with degenerative disc disease. Because the general rating formula for diseases and injuries of the spine talk about flexion, which is the act of flexing or bending. 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. Men and women like you often perform strenuous tasks, including running, jumping, and lifting. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis TDIU, or total disability based on individual unemployability, occurs when a veteran is unable to work as a direct result of their service-connected disability or condition. A few of the risk factors for Degenerative Disc Disease include your age, prior back injuries, car accidents, being overweight or obese, a sedentary lifestyle, or other forms of bodily trauma. Cookies help us deliver the best experience on our website. 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. However, many Veterans struggle to get degenerative disc disease VA disability compensation.. 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. 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. VETERANS: Parachutists have special evidence for claims It is a common VA disability claim for disability caused by a disabling disc disease. The VA Disability Rating for Degenerative Disc Disease: A Guide by Berry Law is an important source. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. These cookies allow the website to remember choices you make to give you better functionality and personal features. It may cause back and neck pain and sometimes impact nerve function. Veterans Serving Veterans Knowing how VA ratings for degenerative disc di. Social Security Disability Benefits for Degenerative Disc Disease - Nolo Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Usually this happens when a veteran experiences symptoms or limitations that are not considered by the rating schedule. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. As is evident from the rating schedules below, the highest possible schedular rating for any single neck impairment is 60 percent for veterans with severe intervertebral disc syndrome (IVDS). The VA uses Diagnostic Codes (DCs) to rate disabilities. What is Functional Loss in a VA disability claim for Degenerative Disc Disease ? VA Disability Ratings for Degenerative Disc Disease (DDD) | CCK Law (2022) Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. When you visit web sites, they may store or retrieve data in your web browser. The VA can assign you a disability rating outside of the normal range. 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. 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. 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. degeneration of the disc between the vertebrae is the cause of DDD. Cervical Spine Conditions - Entitlement Eligibility Guidelines 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. Qualifying military members with degenerative disc disease can receive benefits. Feeling better while walking or even running than while sitting or standing for long periods of time. confirm with the actual CFR for VA disability ratings but this one has seemed to be very accurate with it. The VA Disability Rating for Degenerative Disc Disease (DDD) is typically found in the lower back or neck.