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. If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. In this situation, a VA RO will contact you to schedule the exam. 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. Qualifying military members with degenerative disc disease can receive benefits. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. Degenerative disc disease refers to symptoms of back or neck pain caused by wear-and-tear on a spinal disc. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Water loss and disc damage gradually leads to thinner and weaker discs that cannot effectively cushion the vertebrae. The inflammatory proteins within the disc space can contribute to the progression of disc degeneration over time. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. Many Vets have developed serious asthma even chronic asthma because of exposure to harmful burn pit pollutants. If you are disabled from a degenerative spinal disc condition and your disability claim has been turned down, we can help. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent . It is possible for migraines to develop as a result of changes in temperature, humidity, and barometric pressure. Radiculopathy can have many different signs and symptoms aswell as different names depending on where in the spine it occurs. Common Signs and Symptoms of Degenerative Disc Disease in Veterans, VA Disability Rating for Degenerative Disc Disease: Basic Eligibility Criteria. 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). All information these cookies collect is aggregated and therefore anonymous. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 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. 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. Certain spinal conditions can lead to other conditions that can be claimed for an additional rating. A spinal fusion procedure is usually performed in order to relieve pain and allow the spine to heal. These cookies do not store any personal information. 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. VA rates degenerative disc disease under38 CFR 4.71a, Schedule of Ratings Musculoskeletal System, diagnostic code 5242. You will need to provide medical evidence that your retrolisthesis meets the SSA's definition of severe and will . The spine consists of four primary regions from yourneck down to your buttocks and pelvic area . They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 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. The ratings for the peripheral nerves are for unilateralinvolvement when bilateral, combine with application of the bilateral factor. Fixed movement of the entire spine qualifies for a 100% rating. VA Claims Insider Testimonial: Elite Success Story Dons been through a lot. This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. 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. Eczema-type symptoms (e.g., dry, itchy skin), An in-service event, injury, or illness; and. VA Disability Ratings for Degenerative Disc Disease (DDD), Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, Service Connection for Degenerative Disc Disease, Compensation and Pension (C&P) Exams for Degenerative Disc Disease, VA Disability Rating for Degenerative Disc Disease. Degenerative disc disease is the result of disc degeneration in the spine. Asthma symptoms will vary from person to person. What is the Degenerative Disc Disease VA Rating? However, you may experience some numbness or tingling in your arms or legs. 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. If you are facing difficulties getting a fair disability rating from the VA, our firm can assist you. In reality, there is no such thing as a cure for everything. 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. There are several factors that can lead to a service-connected disability, including the physical strain and stress that many soldiers endure on a daily basis while they are on active duty. Disability due to diseases (such as arthritis, degenerative joint or disc disease, or . Degenerative Disc Disease of the Lumbar Spine Some of which are listed below: Diagnostic codes 5242 and 5243 are reserved for arthritis and spinal disc conditions. Approximately 30% of American adults experience back pain at some point. For veterans, the average rating ranges from 10% to 20%. To receive a 30% rating or above, a veteran must prove ankylosis, which is joint stiffness caused by an injury or a disease. You should exercise on a regular basis if you have this pain. Did VA Deny Your Claim for Degenerative Disc Disease? 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. The result is that breathing through your nose can be difficult, and the area around your eyes (your sinus cavities) might feel swollen or tender. It is determined in each case whether or not an extraschedular disability rating should be given. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. degeneration of the disc between the vertebrae is the cause of DDD. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. The VA uses diagnostic code 5003 to evaluate back conditions like osteoarthritis. The middle and upper back area is your thoracic spine andthe lower back area is your lumbar spine. Depending on the number of joints affected, VA rates degenerative disc disease between 10% and 20%. DDD may cause pain to some extent, but obtaining disability benefits can be difficult. VA Unemployability Explained What is TDIU? A veteran receives a 100% rating if their entire spine is immovable because of a back injury. These cookies collect information about how you use our website. 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. 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. 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. (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. Do You Qualify for Long Term Disability Benefits? The VA will examine your DDD in order to determine if it is connected to your service. To be eligible for this, you must have a disability that is rated at 60% or higher by the service provider. Neck conditions typically affect the cervical spine, which consists of seven bones that are separated by intervertebral discs. While the VA diagnostic code has a maximum rating of 50%, it is possible to get a greater rating if you can prove how your spinal condition limits your function and your life. Spine conditions are usually rated based upon how limited your back or neck range of motion is. An examination by VA must confirm the limitations of motion in the presence of swelling, muscle spasms, or evidence of painful motion. 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. Can I Get Disability With Degenerative Disc Disease Consult with our nationally recognized law firm to receive assistance. As a fellow disabled Veteran this is shameful and Im on a mission to change it. There is no cure for degenerative disc disease, but there are treatments that can help to manage the symptoms and slow the progression of the condition. Find out if you qualify for SSDI benefits. 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. How to Get a 100 Percent VA Rating (if deserved)! Periods of severe pain that come and go. 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. It is a common VA disability claim for disability caused by a disabling disc disease. Extraschedular ratings are assigned when the rating criteria does not accurately reflect a veterans level of disability. It is possible for veterans with DDD to find relief by incorporating lifestyle changes, taking medications, or undergoing physical therapy. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate. If you have recently filed a DDD claim or are considering one, the team at Hill can assist you. 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. Many toxins from these burn pits were released into the air, including volatile organic compounds, hydrocarbons, dioxins, and furans. These cookies are essential so that you can move around the website and use its features. 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. It can take a long time for you to develop symptoms for this condition, and doctors often do not document the things VA needs to assess your condition. Usually this happens when a veteran experiences symptoms or limitations that are not considered by the rating schedule. These include aging, injury, and genetics. Call today! Copyright 2023 VA Claims Insider, LLC. hay fever). The average VA rating for degenerative disc disease is 30%. 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. How can a veteran get a 100% VA rating for back pain? 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. Though back and neck conditions both stem from the spine in most instances, VA rates them as separate disabilities. Therefore, VA must determine if the veteran is eligible for a rating higher than the ones set forth by the rating schedule. These ratings will be based on evidence from medical professionals, a VA claim exam, and information collected from other sources including federal agencies. Estimate your 2023 VA Rating & Compensation for FREE! By using our website, you agree to the use of certain cookies. This allows the veteran to get a separate rating from the spinal condition that could potentially increase monthly compensation. The spinal disc is made up of a soft disc that separates your vertebrae and serves as a shock absorber in your spine. Be sure to click the link to sign up for updates, on matters regarding VA disability benefits for burn pit exposure. However, there are a few ways veterans can increase their DDD VA rating. The VA uses two different Diagnostic Codes to rate herniated discs: 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. In the long run, the disc can become compressed, resulting in an extremely painful condition. 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. It can also cause tingling and numbness in the upper and lower extremities. If you do not allow these cookies, you will experience less targeted advertising. This occurs when your level of disability is beyond what the rating criteria typically reflects. We help disabled veterans nationwide. Many veterans with degenerative disc disease have been forced to live on the floor. Cookies help us deliver the best experience on our website. Can you claim VA disability for degenerative discs? If you have a disc problem, you may require surgery to replace it or to fusion your vertebrae. The discs act as shock absorbers, absorbing the impact from the daily activities and movements of your body. When a herniation of the disc occurs as a result of degeneration, it is the most common surgical treatment for this condition. The VA rating for cervical radiculopathy is determined based on symptoms in the shoulder, arm, and hand. Usually, its experienced in the back or neck. It has been demonstrated that persistent disc disease can lead to a variety of health problems over time. For VA disability purposes, the four regions listed below will be considered when it comes to your final VA rating for Radiculopathy. In this way, your DDD was caused by your service-connected knee condition, warranting secondary service connection. The discs between your vertebrae will lose their cushioning and begin to fragment, often causing them to herniate. Recommended Reading: What Happens To My Medicare Disability When I Turn 65. 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. Back pain typically refers to injuries in the lower half of the spine or the thoracolumbar section. The VA rates a secondary condition separately. Schedule a Free Consultation. Despite the challenges that arise, people with DDD can still lead full, productive lives. Lay evidence that you had the condition while in service. These cases are classified as higher in severity. The VA examiner will usually ask questions during the exam to establish whether your condition is related to your military service. degenerative disc disease is a progressive condition, meaning that it typically gets worse over time. Many veterans suffer from various back conditions due to their military service to include Degenerative Disc Disease. 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. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. In this post, we will be exploring how to get aVA Disability Rating for Degenerative Disc Disease. Thank. VA Rating for Degenerative Disc Disease 10% to 100%, Common VA Secondary Conditions to Degenerative Disc Disease, Frequently Asked Questions (FAQs): VA Disability for Degenerative Disc Disease. Veterans Serving Veterans We are an online blog dedicated to providing comprehensive and accurate information about orthopedics and injury prevention. Social Security Medical Evaluations These codes guide the VA on how to rate your disability at a certain percentage level based on specific symptoms. 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. If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. However, if VA examiners arrive at this conclusion, they must provide adequate rationale to support their determination. In order to apply for a secondary service connection, you must demonstrate that one disability resulted directly from the other. If this is the case, you may be eligible for total disability based on individual unemployability . Secondary Service Connection for Herniated Discs The maximum disability rating for degenerative disc disease VA compensation is 20 percent without any additional . Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. 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).

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