In this case, you'd have trouble doing a lot of jobs, but you wouldn't meet one of the above listings. Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School. April 13, . If you need to file a disability claim for degenerative disc disease (DDD), you may have already applied and been denied. The Social Security Administration (SSA) will look at your "residual functional capacity" (RFC) to see what activities you can still do. Social Securitys own statistics show that most claimants who persevere with the help of an experienced attorney are found to be disabled at the next stages of the processwhen proof of disability is based on a combination of medical and vocational factors at Step 4 and Step 5. Disclaimer: This information is not legal advice. If multiple areas of the body are affected, you may be able to show that your rheumatoid arthritis condition is incapacitating, warranting a 100% disability rating. Finally, you must have an obvious deformity in a joint that shows up during a doctor's physical examination or in medical imaging (such as an X-ray or MRI). In severe cases, individuals might undergo a joint replacement surgery like hip replacement or knee surgery. It can develop later in life due to the overuse of joints or traumatic injuries that occurred during active duty. A medical nexus, or link, between the in-service event and current diagnosis. 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. #2: Direct Service Connection for Post-Traumatic Arthritis rated under DC 5010 with a rating of 10 percent or 20 percent. Social Security will compare what you can still do with your prior job skills and education. What Is The Maximum Disability Rating For Degenerative Disc Disease. This uneven shift in weight may then contribute to complications in your lower back. Of course, the words "Severe, Moderate, Mild" all have vague meanings. you viewed to avoid repetition. The remaining 10 percent of the people who apply for disability benefits, and are found disabled after an initial review due to a musculoskeletal impairment, meet (or medically equal) a musculoskeletal disorders listing. By using our website, you agree to the use of certain cookies. If you can't work because your degenerative joint disease makes it difficult for you to walk or use your hands, you might be able to get monthly disability benefits through Social Security. However, both are still rated under the musculoskeletal system conditions. The cause of degenerative joint disease is often attributed to overuse of joints, aging, or simply "wear and tear." Its important to know your rating, and confirm that we have the right information, because we use it to decide what disability benefits youll get. A joint affected by arthritis established by x-ray may be evaluated 10 percent disabling under DC 5003. All Rights Reserved. You may also be able to increase a disability rating for knee pain by combining the VAs bilateral factor. View Your VA Disability Ratings | Veterans Affairs Veteran disability ratings for degenerative disc disease are typically between 10% and 20% of the VA's disability rate. It will also consider how much pain you experience and the effect of the condition on your everyday life. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. Wear and tear of aging may affect the facet joints causing the discs to degenerate or break down. One exception to this is a condition rated under diagnostic code 5243 using the criteria for Intervertebral Disc Syndrome. It is often accompanied by varying levels of pain and can also result in numbness and tingling in the upper or lower extremities in some cases. If youre a veteran who suffers from joint pain or arthritis, you know how debilitating it is and the severe impact your condition can have on your daily life. Typically to get a 60% rating, you also need to demonstrate to the VA that you have other symptoms associated with the condition such as weight loss, anemia, and a decline in overall health. Arthritis is one of the most common conditions affecting those who have served in the military. This field is for validation purposes and should be left unchanged. Veterans will need to demonstrate two things to VA to be granted service connection for a secondary condition: A diagnosis for your secondary condition; and. It is not enough for the examiners to simply say that a veterans DDD is due to natural progression and aging. a certified practice advisor with Atticus, an organization that provides business training and management skills Causes of degenerative disc disease can vary. It can also result in numbness and tingling in the upper or lower extremities. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. 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. Copy this embed code to share the infographic on your own site. However, it is important to note that a veteran cannot receive both a rating under the appropriate diagnostic code for their affected joint AND a 10% rating under 5003; they can only receive one or the other. 3 bedroom houses for rent in sacramento by owner list of cicm missionaries what is the va disability rating for degenerative disc disease. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Already working with us? 4.71(a) diagnostic codes 5335 to 5243. You want to make sure you apply for every benefit you deserve, and dont leave it to the VA to figure it out. We assign you a disability rating based on the severity of your service-connected condition. Some veterans may also develop degenerative disc disease as the result of an already service-connected condition. If arthritis has caused you to lose function in your hands, you may also be entitled to Special Monthly Compensation. Marc Whitehead has been practicing law for over 27 years in Houston, focusing exclusively on disability law. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. When you visit web sites, they may store or retrieve data in your web browser. In the meantime, claimants may lose valuable medical evidence if they have not kept a documented treatment regimen or other necessary proof of disability.DDD is a complex medical condition, and claim examiners will require you to medically back up your claim that you are disabled. instability, and 3.) The ratings range from 0 to 100% disabling and depend mostly on the number of incapacitating episodes a veteran experiences due to their rheumatoid arthritis. Severe cases of degenerative disc disease can make the simplest tasks difficult or even impossible to perform. VA Ratings for Arthritis Degenerative arthritis can receive the following disability compensation ratings from the VA*: 10%- If two or more joint groups (major or minor) have arthritis but are never incapacitating 20%- If two or more joint groups (major or minor) have arthritis and are occasionally incapacitating You are able to work in sedentary occupations, There is no basis for the restrictions and limitations imposed on you by your doctor, There is no objective evidence of the condition (because pain and radiculopathy are too hard to objectively gauge). The .gov means its official. In either case, you need to prove to the insurer you are unable to work under the terms of your insurance policy. Read on to learn more about the VA ratings for joint pain and arthritis and how you may be able to get a higher disability rating to receive the maximum compensation youre entitled from the VA. VA disability ratingsfor rheumatoid arthritis start at 20% for one or two painful flareups per year. The VA is required to give you the best of everyting, but over 30% of VA decisions end up being wrong. These cookies may be set through our website by our advertising partners. It is fact that most peoples initial SSDI applications are denied. Secondary Conditions Veterans Can Claim for Back Pain Finally, it is also possible to receive a secondary service-connection if it is determined that an already service-connected condition is causing arthritis. If you have multiple disability ratings, we use them to calculate your combined VA disability rating. The site is secure. Instead, they must also explain why it is not due to other factors, such as service. These symptoms can be mild, moderate, or severe. The VA might note the presence of other conditions and award the veteran an even higher VA disability rating. contact information and dates of treatment for all of your medical providers, the names and addresses for all of your employers in the last 15 years, and. In fact, the Center for Disease Control (CDC) estimates the rate of arthritis in veterans to be 25.6%, although other estimates have the rate as high as 35%. Veterans suffering from more severe symptoms have been rated higher by the VA in some cases. Typically, the VA will look to medical evidence to determine your rating such as blood tests as well as X-rays and MRIs of the joints that are affected. For instance, which pages you go to most. Contacting us does not create an attorney-client relationship. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. If you don't, you'll likely have to do a bit more work to prove you're unable to return to any type of work due to your limitations. To complete the disability application, you'll need detailed information, including: For more information, see our article on applying for Social Security disability benefits. If youve served in the armed forces and have been diagnosed with degenerative disc disease or other severe spine or back injury, talk to us. On the Basic monthly rates table, find the amount for your disability rating and dependent status. These cookies allow the website to remember choices you make to give you better functionality and personal features. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. These cookies collect information about how you use our website. These cookies do not store any personal information. According to VA, if degenerative arthritis is established by X-ray findings, the veterans condition will be rated based on limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved. Havent filed a claim yet or know that you are underrated? A VA disability rating for knee tendonitis or joint pain may also be based on your range of motion during your VA disability knee exam. PDF Title 38, Part 4 Schedule for Rating Disabilities - Veterans Affairs These cookies are essential so that you can move around the website and use its features. They may also be used to keep track of what [products, video, links, etc.] A form of arthritis, degenerative disc disease involves the progressive loss of normal structure and function in the spine. How The VA Rates Hip Conditions. For instance, you might have to use a cane and have a lot of pain walking and standing, but you don't have a documented need for two canes or a walker. Before sharing sensitive information, make sure you're on a federal government site. If you do not allow these cookies, you will experience less targeted advertising. VA rates knee conditions under three separate criteria: 1.) If you had any of these conditions and took Xeljanz, contact us to see if your side-effects qualify for this case. The VA rating for cervical radiculopathy is all based on how your shoulders, arms, elbows, wrists, and hands can move. (What most of us call VA Math.) We assign a disability rating based on the severity of your disability. 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. what is the va disability rating for degenerative disc disease 10%- If two or more joint groups (major or minor) have arthritis but are never incapacitating, 20%- If two or more joint groups (major or minor) have arthritis and are occasionally incapacitating, 20%- One or two incapacitating episodes per year, 40%- If there is a definite decline in health; or, if incapacitating episodes occur 3 or more times per year, 60%- If there is an overall decline in health but is short of complete incapacitation, significant weight loss or anemia; or, if there are 4 or more severe incapacitating episodes per year. Radiculopathy is classified as a pain syndrome and can be caused by several lower back conditions such as lumbar disc herniation, degenerative disc disease, and spinal stenosis . An experienced VA attorney can advise you concerning how best to request an increase in your disability rating based on your particular circumstances and condition. Your major weight-bearing joints include your hips, knees, ankles, and feet. You cant hold down a steady job that supports you financially (known as substantially gainful employment) because of your service-connected disability. SSA now classifies degenerative disc as an infirmity of the skeletal spine that results in compromise of a nerve root. Insurance providers often deny credible disability claims for degenerative disc disease and other back and neck disorders, by asserting various reasons including: Marc Whitehead & Associates are ready to help you. 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. Its possible to increase a rating for rheumatoid arthritis to 100% when there is sufficient medical evidence that your condition has become completely incapacitating. This might be the case for a veterans DDD, as the highest schedular rating under is only 20 percent. You can view your disability ratings online if you got a decision notice from us in the mail confirming your disability rating. Did you take Xeljanz for at least one year? Have you been affected by Camp Lejeune water contamination? However, if your arthritis symptoms are at the degree of a 10 percent disability rating or more within the first year from discharge it is possible to obtain a presumptive service connection. This video explains what disability compensation is and what to keep in mind when filing. This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. In this situation, a VA RO will contact you to schedule the exam. With determining a disability rating based on the severity of your symptoms, the VA has to consider the functional loss and the anatomical damage present. Hip Conditions And VA Disability Benefits - The Veterans Law Office We use cookies to ensure that we give you the best experience on our website. Generally, you may be eligible for TDIU if you have one service-connected condition with a disability rating of 60%, or if you have two or more service-connected conditions with a combined rating of 70% or more and one of the conditions has at least a 40% disability rating. Without these cookies, services you have asked for cannot be provided. This brings stress to the spine, which can lead to the formation of bone spurs and pinched nerves. VA rates degenerative disc disease under38 CFR 4.71a, Schedule of Ratings Musculoskeletal System, diagnostic code 5242. (YouTube), Play Compensation 101: What is service connection? This can be done by filing: You may also be able to file an appeal within one year of the VAs decision on your claim. The following are some of the most common symptoms of degenerative disc disease: Generally, to prove service connection and secure a degenerative disc disease VA rating, veterans need evidence of the following three things: Veterans can submit a claim for VA disability benefits onVA Form 21-526EZ. Our law firm has extensive experience with long-term disability claims for back pain and immobility due to degenerative disc disease, osteoarthritis, and various disorders of the skeletal spine. document.getElementById( "ak_js_9" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To Our Denied Disability by Liberty Mutual eBook. A medical diagnosis of degenerative disc disease from your doctor; and. Most Common Back Conditions Veterans Experience & Their Ratings, Most Common Back Pain VA Claims Among Veterans, 3 Common Back Conditions Veterans Experience, VA Disability Ratings for Pes Planus (Flat Feet), A current diagnosis of DDD by a medical professional; and. SSA will consider disability claims for degenerative disc disease that are supported by medical evidence such as: Similar deteriorating spinal impairments that impinge on or irritate a nerve root include: SSA listing criteria specifies that degenerative disc disease can cause cervical spine (neck region) or lumbar spine (lower back) dysfunction when abnormalities of the skeletal spine compromise: Sometimes physicians will not document a claimants ability to bend, stoop or crouch during a physical examination. Rheumatoid arthritis can be very painful and mostly impacts smaller joints. 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. Do You Qualify for Long Term Disability Benefits? Function: Postural support of body; extension and lateral movements of spine. Winning your Social Security Disability Claim for Degenerative Disc Disease. If there is a limited range of motion, but arthritis does not show up on the X-ray, there is an automatic 10% rating for each major or minor joint group affected. We never charge a fee to help you apply for disability benefits or increase your disability rating you only pay if we are successful and win your case case. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Four or more painful flareups can cause your disability rating to go up to 60%. For a free case evaluation, call CCK today at 800-544-9144. Degeneration also promotes tears or cracks in the discs outer layers, causing bulging or ruptured discs and other serious physical limitations. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Today we share important tips about how the Social Security Administration, disability insurance companies, and the Department of Veterans Affairs evaluate these claims. Two common joint problems for veterans are osteoarthritis and rheumatoid arthritis. Insiders, today we are discussing how the VA determines benefits for arthritis. He has authored books on each of these topics and The medical criteria that must be met are now different from the old SSA listing, which was 1.04 Disorder of the spine. they provide a medical nexus linking their pain to the occurrence in service. How to Win Your Disability Claim for Degenerative Disc Disease In addition to his legal work, Marc is For example, DDD can lead to other conditions among . 401-331-6300. Contact Chisholm Chisholm & Kilpatrick LTD today, Top 5 VA Errors on Veterans Disability Claims, Secondary Service Connection & Aggravation, 20%: One or two exacerbations a year in a well-established diagnosis, 40%: Symptom combinations productive of definite impairment of health objectively supported by examination findings or incapacitating exacerbations occurring 3 or more times a year, 60%: Less than criteria for 100% but with weight loss and anemia productive of severe impairment of health or severely incapacitating exacerbations occurring 4 or more times a year or a less number over prolonged periods, 100%: With constitutional manifestations associated with active joint involvement, totally incapacitating. In this way, your DDD was caused by your service-connected knee condition, warranting secondary service connection. If you continue to use this site we will assume that you are happy with it. 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. Degenerative Disc Disease (DDD). Essentially, the difference in conditions between a veteran who receives a 60% rating and a 100% rating depends on whether rheumatoid arthritis causes them to be bedridden and completely incapable of doing chores, household tasks, their daily activities, and working. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Here one of our VA disability lawyers talks about how SMC (Special Monthly Compensation) works to help you get more money for extra expenses related to your disabling condition every month. They may also be used to keep track of what [products, video, links, etc.] We also assist the surviving spouses of deceased service members to obtain the benefits to which theyre entitled. Categories: A4: We decide claims involving musculoskeletal impairments primarily at step 5 of the sequential evaluation process where we consider a claimants residual functional capacity (RFC), age, education, and work experience. VA Disability for Shoulder and Arm Injuries - Woods and Woods, LLC Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. DOC Section A. Musculoskeletal Conditions (U.S - Veterans Affairs Its important to look into worsening symptoms and secondary conditions that may have surfaced as a result of the degenerative disc disease. Prior to the ruling in Saunders v. Wilkie, VA required veterans to show that they had a diagnosed disability in order to receive disability benefits. A medical nexus linking the primary condition to the secondary DDD. Increasing your VA disability rating for arthritis or joint pain can be challenging, but its not impossible. However, the Court ruled in Saunders that veterans can receive VA disability for pain alone without an underlying diagnosis, as long as they satisfy the other two prongs required for service connection: 1.) If you have degenerative joint disease in your hips, you may find it helpful to read our article on getting disability for degenerative hip joints or, if you've had a hip replacement, getting disability after hip surgery. 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. Ratings between 50% and 100% are based on the level of ankylosing spondylitis present. It is much more Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. We have updated our Privacy Policy. We have updated our Privacy Policy. Learn about VA disability ratings Find out what disability ratings are and how we assign them. All information these cookies collect is aggregated and therefore anonymous. Countless veterans have disability ratings of only 50% or lower for these types of conditions when they might be eligible for significantly higher ratings others have disability ratings of only 80% when they might be eligible for a 100% disability rating. If your claim has been denied, we will handle your appeal and assist throughout your case with strong legal representation. These cookies dont collect information that identifies you. Spine conditions are usually rated based upon how limited your back or neck range of motion is. Osteoarthritis can be painful because the breakdown of the cartilage can cause bones to rub together. Take a behind-the-scenes look at what we do to win your Social Security Disability Claim. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Generally, the difference between a veteran who receives a lower rating and one who receives a higher rating depends on how many painful episodes occur within one year and the impairments associated with them. Sometimes the VA Regional Office (RO) will request you attend aCompensation and Pension (C&P) examto assess your degenerative disc disease. The first two eligibility requirements are: If you pass these requirements, the next hurdle of the 5-Step Evaluation is Step 3 Does your disability meet or equal a medical listing? While your disability rating is meant to reflect how your condition affects your daily life, TDIU is intended to compensate you for the impact your service-related disability has on your employment. When deciding disability cases, the Social Security Administration (SSA) uses a process called the 5-Step Sequential Evaluation Process. ET. Calculating your combined disability rating . They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. SSA will measure what is called your residual functional capacity to determine whether: We gain more insight straight from the SSAs Q & A on the revised Musculoskeletal Listings, in the excerpt below: Q4: What percent of decisions do adjudicators make using these revised rules? These cookies may be set through our website by our advertising partners. For common joint conditions that are not rated under the arthritis criteria such as a knee strain or chondromalacia patella, a 10 percent evaluation can be assigned for the joint based on pain on motion under 38 CFR 4.59. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Going through the process of getting your disability rating increased for joint pain or arthritis can be confusing and overwhelming. What is the VA Disability Rating for Lumbosacral Strain? use either arm or hand to begin, sustain, and finish work. Degenerative disc disease is evaluated under diagnostic code 5242 Degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome. what is the va disability rating for degenerative disc disease. Ratings between 10% and 40% are given, in part, based on your ability to bend forward and move in the other 5 directions. can result in further difficulties. We know the SSA is looking for these limitations and will ensure your disability claim for degenerative disc disease contains these and other key pieces of medical evidence. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. VA Disability Benefits and Ratings for Ankle Instability