If you have not yet submitted your claim to SSA, we can manage your initial application every step of the way. SSA now classifies degenerative disc as an infirmity of the skeletal spine that results in compromise of a nerve root. Unite States Court of Appeals for the Federal Circuit ruled that pain is a disability eligible for VA disability compensation. VA rates degenerative disc disease under38 CFR 4.71a, Schedule of Ratings Musculoskeletal System, diagnostic code 5242. Feel free to call us at (866) 232-5777 anytime. Degeneration also promotes tears or cracks in the discs outer layers, causing bulging or ruptured discs and other serious physical limitations. You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilitieswith at least 1 rated at 40% or more disabling and a combined rating of 70% or moreand2. View Your VA Disability Ratings | Veterans Affairs VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. Degenerative joint disease of the spine is one of the most common claims made by Veterans for service-connected disability. What Is The Maximum 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. Degenerative disc disease typically affects the lower back or neck. A medical diagnosis of degenerative disc disease from your doctor; and. These cookies collect information about how you use our website. 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. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Four or more painful flareups can cause your disability rating to go up to 60%. Use our free VA Disability Calculator to estimate your combined VA rating and monthly entitlement here. Estimate your 2023 VA Rating & Compensation for FREE! Degenerative arthritis can receive the following disability compensation ratings from the VA*: Rheumatoid arthritis can receive the following disability ratings from the VA: Arthritis is one of the main disabilities facing todays veterans and the VA has many resources and benefits available to you if you are suffering from arthritis. This means veterans may be able to receive disability benefits for pain from undiagnosed joint problems if they meet the criteria. Function: Postural support of body; extension and lateral movements of spine. Why Hire CCK for Your VA Disability Appeal? Specifically, we make 90 percent of allowances due to a musculoskeletal impairment using the medical-vocational rules at step 5 of the sequential evaluation process, which have not changed. 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. Neck Conditions: How To Get VA Disability - The Veterans Law Office Group LTD benefits are controlled by the Employee Retirement Income Security Act of 1974, a.k.a. These cookies allow the website to remember choices you make to give you better functionality and personal features. 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. You would have to show that it should have always been rated higher, not that your condition is getting worse. Degenerative Arthritis is quite common in veterans and is rated under Diagnostic Code 5003 with ratings between 10% and 20% depending upon X-ray evidence as well as the frequency, severity, and duration of symptoms. If arthritis has caused you to lose function in your hands, you may also be entitled to Special Monthly Compensation. By using our website, you agree to the use of certain cookies. document.getElementById( "ak_js_6" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To Our Denied Disability by Unum eBook. If you need to file a disability claim for degenerative disc disease (DDD), you may have already applied and been denied. a certified practice advisor with Atticus, an organization that provides business training and management skills This is a higher rate than among the civilian population, and it is one of the leading causes of physical disability. With Woods and Woods I at least have hope now. If you have one or more disability ratings, you can view your VA combined disability rating and your individual ratings online. Have you been affected by Camp Lejeune water contamination? Odd jobs (marginal employment), dont count. Copyright 1992-2023 - Marc Whitehead & Associates Attorneys at Law, LLP, Copyright - Marc Whitehead & Associates Attorneys at Law, LLP, Q & A on the revised Musculoskeletal Listings, win your Social Security Disability Claim, Degenerative Disc Disease Disability Claims Help, Winning Social Security Disability for Spinal Disorders, Long Term Disability: Proving Chronic Pain, Step 1 You are not gainfully employed, and, Physical examination for type and location of pain, range of motion, nerve function, sensation, and muscle strength, with a full review of the entirety of symptoms, Diagnostic imaging tests (such as MRI, CT scans, and x-rays). To learn more about how Social Security will decide whether there are any jobs your RFC will allow you to do, see our article on RFC disability determinations. (YouTube), Play Compensation 101: What is service connection? The attorneys at Chisholm Chisholm & Kilpatrick LTD are skilled in handling veterans disability claims for joint problems, such as osteoarthritis. The main way that Social Security evaluates your claim is based on your medical evidencelab tests, x-rays or MRIs, and your doctors' records, and any hospital or outpatient surgery records. physical examination reports with detailed descriptions of orthopedic, neurologic, or other objective findings, imaging and diagnostic tests showing evidence of joint abnormalities, reports of your subjective symptoms, such as how often you are in pain and whether you can perform activities of daily living (, a documented need for an assistive device, such as a cane or walker, operative reports for any surgical procedures, and. Under 38 CFR 4.71a, the VA evaluates conditions of the musculoskeletal system. Osteoarthritis can be painful because the breakdown of the cartilage can cause bones to rub together. You can receive a 20% disability rating with X-ray evidence that involves two or more of the main joints or two or more of the minor joint groups. For example, if you have a service-connected knee condition that causes you to favor one side when you walk, you may develop an altered gait. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. It is important to attend your C&P exam once it is scheduled or contact VA to reschedule if necessary. Copyright 2023 VA Claims Insider, LLC. These cookies may be set through our website by our advertising partners. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Tingling and numbness may not last for long periods of time; however, these symptoms may be a sign of possible nerve damage. 4.71(a), under diagnostic code 5003 for arthritis, degenerative (hypertrophic or osteoarthritis). Since arthritis worsens over time, you should consider having your condition reviewed every few years. Ratings between 50% and 100% are based on the level of ankylosing spondylitis present. If you have problems with your wrist or hand joints, you may not be able to type, write, or work with small objects. If your degenerative disc disease develops over time, you can file a claim for secondary service connection when necessary. In this case, you'd have trouble doing a lot of jobs, but you wouldn't meet one of the above listings. Degenerative disc disease can cause soldiers of every age to lose their ability to work. 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. VA disability for arthritis in the knee is generally determined through range of motion testing. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Without Woods and Woods I would be at a loss to figure out what VA and BVA are doing! If you have questions about your benefits or how to access the tool, you can call us at 800-827-1000. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. For claimants fighting insurance companies who refuse to pay, this cumbersome federal law actually overrides state laws that protect consumers and work more in favor of insurance companies. Federal government websites often end in .gov or .mil. Increasing your VA disability rating for arthritis or joint pain can be challenging, but its not impossible. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. what is the va disability rating for degenerative disc disease They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. 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. Degenerative disc disease is known to be a condition that develops over time. By using our website, you agree to the use of certain cookies. document.getElementById( "ak_js_12" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To The Disabled Dentists Guide. In either case, you need to prove to the insurer you are unable to work under the terms of your insurance policy. Social Security has two disability listings that can apply to degenerative joint disease: abnormality of a major joint (1.18) and reconstructive surgery or surgical arthrodesis of a major weight-bearing joint (1.17). Causes of degenerative disc disease can vary. This diagnostic code is used with the knee has too much motion from side to side, or dislocates regularly. document.getElementById( "ak_js_10" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To The Disabled Doctors Guide. VA Disability Ratings for Arthritis Degenerative Arthritis (Diagnostic Code 5003) Degenerative arthritis is rated based on the limitation of range of motion of the affected joint(s). 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. 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. presented nationwide on disability law. Its critical to understand that the VA doesnt add your disability ratings, but rather, it combines them using a specific formula based on the whole person remaining concept. 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. If your new disability claim for degenerative disc disease is filed on or after April 2, or your claim is still pending approval as of April 2, 2021, the new rules will apply to you. The New Rating System for Back and Neck Spinal Disability - Lawyer Veterans suffering from more severe symptoms have been rated higher by the VA in some cases. 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. They may also be used to keep track of what [products, video, links, etc.] 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. 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. Already working with us? 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. 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. Degenerative Disc Disease (DDD). The examiner will also often ask about the pain levels associated with your condition and what symptoms you experience. Additionally, more than 60% of the individuals diagnosed with degenerative joint disease have a genetic predisposition to the disease. LTD Insurance Denial Attorneys - National Disability Law Firm. 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.
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