Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. 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. How can a veteran get a 100% VA rating for back pain? However, getting these benefits is often challenging. Due to the extra bodily wear and tear brought on by What is Degenerative Disc Disease in Veterans? Part of aging is disk deterioration; however, it does not cause pain in everyone. We have updated our Privacy Policy. This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. 5.4k views Answered >2 years ago. Service Connection 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. And, youll get to work with a Veteran Coach (VC) who will lead you to VA claim success. How Long Does It Take to Get Your VA Disability Rating? You can live a normal life with the help of some pain relief techniques and a little effort. All information these cookies collect is aggregated and therefore anonymous. It is particularly difficult for people under the age of forty, as well as those under the age of fifty. Many factorscan lead to DDD, including heavy lifting, family history of spine problems, or spine injury. Read Also: Chances Of Winning Disability In Federal Court. Degenerative disc disease is known to be a condition that develops over time. It is frequently caused by things like incorrectly lifting heavy objects, as well as chronic pain conditions like osteoarthritis and rheumatoid arthritis. It sounds like this may have been an interpretation of an MRI that you had. Thousands of other Veterans in our Community are here for you. The rating criteria for this diagnostic code is virtually the same as diagnostic code 5003, which is used to rate degenerative arthritis. The ratings for the peripheral nerves are for unilateralinvolvement when bilateral, combine with application of the bilateral factor. 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. Military burn pits are large areas of land that were used by the United States military to incinerate waste in places such as Iraq and Afghanistan in the post-9/11 era. I've had a lot of issues that led to seeking civilian treatment, and that has finally culminated in more concrete diagnosis of my spinal issues. You must be able to demonstrate the severity of your disability in order to receive the proper disability rating. If you are unable to work because of a disability, you may be able to get a Total Disability Individual Unemployability (TDIU) deferment. The condition occurs when the discs between vertebrae lose cushioning, fragment, and herniate. If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. I have radiculopathy for spinal fusion, can I get benefits for degenerative disc disease too? VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. 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. Degenerative disc disease may also qualify as a secondary service-connected disability or one that developed as a result of a service-connected injury. Find out if you qualify for SSDI benefits. Instead, many Veterans start to deal with more severe symptoms of DDD years after they have retired from the military. during military service and died as the result of service-connected conditions may also be eligible for VA survivors benefits. Determining Your Degenerative Disc Disease Disability Rating. 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. 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. A veterans Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. In this situation, a VA RO will contact you to schedule the exam. 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. The remaining 70% do not receive a disability rating. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. A common secondary condition to spinal conditions is also nerve damage or issues. However, many Veterans struggle to get degenerative disc disease VA disability compensation.. These can last from a few days to a few months before getting better. However, its also possible that you dont experience any symptoms, or you go through periodic flare-ups of symptoms. 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. Specifically, exposure to the toxins released can affect a persons lung health. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Disability ratings range from 0% to 100%, with higher ratings indicating more severe symptoms. They all go together, so make sure you work with an experienced lawyer to get ratings for all of them. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. Military burn pits are large areas of land that were used by the United States military to incinerate waste in places such as Iraq and Afghanistan in the post-9/11 era. A discectomy is a surgical procedure in which part of the disc is removed and pressure is placed on the affected nerve. (Authority: 38 U.S.C. 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. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. If there is a service-connected connection between the impairment and service time, a military member may be eligible for disability benefits. As the discs burn out, these proteins are replaced by new ones, causing the discs to stiffen and micro-motions to decrease. There are a few ways that veterans can increase their DDD VA rating. This will effectively increase your VA disability rating. How to Get a 100 Percent VA Rating (if deserved)! When you visit web sites, they may store or retrieve data in your web browser. 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. DEgenerative disc disease is typically rated as a 20% disability by the VA. 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. 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. This information is not a substitute for legal advice. Veteran disability ratings for degenerative disc disease are typically between 10% and 20% of the VA's disability rate. However, the path to getting these benefits is often filled with obstacles. 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. 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. When a herniation of the disc occurs as a result of degeneration, it is the most common surgical treatment for this condition. The Essentials on VA Disability Ratings for Bulging Disc Eric Gang, ESQ Back pain is a common problem for veterans. For example, lets say you have full range of motion for your Degenerative Disc Disease, but you have pain during movement, you should be awarded the minimum level of disability for the condition, which is 10%. Be sure to click the link to sign up for updates, on matters regarding VA disability benefits for burn pit exposure. 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. 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. You may also qualify for Total Disability based on Individual Unemployability. 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 youre having difficulty with DDD, talk with a doctor or veterans service officer to learn more about your rights and benefits. Heavy lifting, family histories of back problems, and spine injuries are just a few of the factors that contribute to DDB. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Some waste materials commonly disposed of in these burn pits include: Many veterans who were exposed to burn pits during their service and developed chronic sinusitis may be able to seek service connection benefits under this new presumption. We have helped thousands of clients nationwide fight for the disability benefits they deserve. Your symptoms can also get progressively worse over time. If your degenerative disc disease develops over time, you can file a claim for secondary service connection when necessary. This uneven shift in weight may then contribute to complications in your lower back. Other spinal conditions cause people to change how they walk, which can lead to leg and knee issues. But first, lets explore how the VA looks at Radiculopathyin more detail. The VA ratings for back pain reflect the seriousness of a veteran's mobility loss and how much their spine is affected. A veteran receives a 100% rating if their entire spine is immovable because of a back injury. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. This condition is rather common and typically interferes with the way mucus drains, causing your nose to be stuffy. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. It all depends on how far along your DDD is and if the spinal fusion was done as surgery to fix it. What Happens To My Medicare Disability When I Turn 65, Will I Lose My Disability If I Work Part Time. Sometimes the VA Regional Office (RO) will request you attend aCompensation and Pension (C&P) examto assess your degenerative disc disease. (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. Thinner and weaker discs often lead to back pain, muscle weakness, and pinched nerves. The VA will only grant benefits to veterans who have been diagnosed with an impairment as a result of their military service. 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. With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. There is no maximum disability rating for degenerative disc disease, as the condition is not considered to be a service-connected disability. It may cause back and neck pain and sometimes impact nerve function. Though back and neck conditions both stem from the spine in most instances, VA rates them as separate disabilities. Medical diagnosis of Degenerative Disc Disease in a medical record (Service Treatment Records, VA medical records, or private medical records), #2. A nexus is the direct link between a disability, either physical or psychological, that a Veteran suffers from and their time in the military. Receive answers to more of your VA disability claim questions. Waste materials commonly disposed of in these burn pits include: Many veterans who were exposed to burn pits during their service and developed asthma may be able to seek service connection under this new presumption condition related to burn pit exposure. For instance, which pages you go to most. With IVDS, these discs may be displaced at the lumbar, cervical, or thoracic areas of the spine. It is determined in each case whether or not an extraschedular disability rating should be given. ELITE Success: Its Never Too Late to Get Correctly Rated, How to Get a VA Rating for Veteran Orthopedic Conditions. 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. For a free case evaluation, call CCK today at 800-544-9144. Smoke from military burn pits have had both short- and long-term health effects on those exposed. 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. In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. There are a few different secondary conditions that can arise from degenerative disc disease. degeneration of the disc between the vertebrae is the cause of DDD. The Disability Application Process VA 38 CFR 4.71a, Schedule of Ratings, Musculoskeletal System, contact the VA Accredited Attorneys at VetLaw, Your arthritis rating may turn into a spinal fusion claim, Chances Of Winning Disability In Federal Court. 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. Some veterans and active duty military members suffer from spinal or back pain after being discharged or while still serving. Read More. But for others, it can be a major problem that interferes with daily activities and may lead to a life-threatening asthma attack. These tasks can place extreme amounts of pressure on your body. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Certain spinal conditions can lead to other conditions that can be claimed for an additional rating. Our attorneys will use our expertise to help you fight for your benefits. . 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. 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. After leaving active duty, veterans may experience chronic or worsening pain. By continuing to use our website, you agree to these updates. In this case, if the Veteran develops DJD in any other joint in the future, that joint is automatically subject to service connection.
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