You may also qualify for Total Disability based on Individual Unemployability. A medical diagnosis of degenerative disc disease from your doctor; and. 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. Many veterans experience chronic or worsening pain after they leave active duty. 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. Degenerative disc disease is the result of disc degeneration in the spine. The breaking open of a spinal disc is called a prolapsed or herniated disc. It is a common VA disability claim for disability caused by a disabling disc disease. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! FINDING OF FACT The evidence is at least evenly balanced as to whether the Veteran's obstructive 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. The VA examiner will usually ask questions during the exam to establish whether your condition is related to your military service. Our attorneys can help you answer this question and more. Military activities, like repeated heavy lifting, can result in degenerative disc disease over time. Systemic DJD occurs when the Veteran gets a diagnosis of DJD in service (or within one year after release from active duty) when there is no record or evidence of trauma to the joint. Usually this happens when a veteran experiences symptoms or limitations that are not considered by the rating schedule. Spine conditions are usually rated based upon how limited your back or neck range of motion is. This uneven shift in weight may then contribute to complications in your lower back. Degenerative disc disease is a painful spinal condition that can affect daily life. The spine can affect every other part of your body. The VA will consider factors such as pain, numbness, tingling, muscle weakness, and difficulty walking to determine the veterans disability rating. In this case, if the Veteran develops DJD in any other joint in the future, that joint is automatically subject to service connection. This website is designed for general information only. Be sure to click the link to sign up for updates on matters regarding VA disability benefits for burn pit exposure. Chronic sinusitis occurs when youir sinuses are swollen and inflamed for three months or longer, despite treatment. This information is not a substitute for legal advice. 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. Degenerative Disc Disease is one of the most common causes of low back (lumbar), mid back (thoracic), and neck pain (cervical) in veterans. VA determines a disability rating based on the severity of symptoms, but anatomical damage and functional loss are also considered. Some veterans may also develop degenerative disc disease as the result of an already service-connected condition. However, getting these benefits is often challenging. Find out if you qualify for SSDI benefits. If someone had degenerative arthritis in both the cervical and low back that's been diagnosed by the VA from x-rays this is 10%, or is is 20% because it's in both areas of the spine? Intervertebral disc syndrome is a common cause of back pain. If you are suffering from degenerative disc disease and you are unable to work, you may be eligible for Social Security Disability benefits. When a nerve root is compressed, it becomes inflamed. Therefore, VA must determine if the veteran is eligible for a rating higher than the ones set forth by the rating schedule. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Degenerative disc disease (DDD) is a condition that refers to the breakdown of the discs that cushion the vertebrae in your spine. However, individuals with degenerative disc disease may be eligible for Social Security Disability benefits if their condition prevents them from being able to work. Disclaimer: This information is not legal advice. The strain of military service can lead to wear and tear on the spine, not to mention the risk of traumatic injuries in training or combat. Tingling and numbness may not last for long periods of time; however, these symptoms may be a sign of possible nerve damage. Two of the most common causes of back pain are degeneration of the discs and herniations. Our legal team can provide you with quality and experienced representation that is going to help you receive the benefits you deserve. Back conditions typically correspond to the thoracolumbar spine, which is composed of several different types of vertebrae. We have updated our Privacy Policy. It is a disease that occurs as a result of the degeneration of the discs in the spine. Can you claim VA disability for degenerative discs? The term degenerative disc disease is used to describe spinal disc changes that occur over time as one ages. After leaving active duty, veterans may experience chronic or worsening pain. Degenerative disc disease is a condition that develops and progresses over time. The VA will consider factors such as pain, numbness, tingling, muscle weakness, and difficulty walking to determine the veterans disability rating. The VA assigns each applicant a disability rating based on the severity of the service-related condition. 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. Usually, it's experienced in the back or neck. Approximately 30% of American adults experience back pain at some point. Other spinal conditions cause people to change how they walk, which can lead to leg and knee issues. In some cases, herniated discs can make it difficult or even impossible to work. Just fill out the form and we will forward what benefits the VA is paying for the allergic rhinitis condition and how best to prove your need for disability compensation, along with other information and news about burn pit exposure. 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. Due to the extra bodily wear and tear brought on by What is Degenerative Disc Disease in Veterans? This information is made available for educational purposes only and to provide general information and a general understanding of the law. To achieve the full disability rating, you must complete all of the steps. Instead, many Veterans start to deal with more severe symptoms of DDD years after they have retired from the military. If a veteran can prove that their service-connected spinal condition was the primary cause of the secondary condition, they may qualify as having a secondary service-connection condition. If you have been diagnosed with a condition caused by military service, you may be eligible for disability benefits. The inflammatory proteins within the disc space can contribute to the progression of disc degeneration over time. 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. A spinal fusion procedure is usually performed in order to relieve pain and allow the spine to heal. will forward what benefits the VA is paying for a chronic sinusitis condition and how best to prove your need for disability compensation, along with other information and news about burn pit exposure. hay fever). Degenerative disc disease is often accompanied by varying levels of pain. The VA rating for cervical radiculopathy is determined based on symptoms in the shoulder, arm, and hand. 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). Degenerative disc disease typically affects the lower back or neck. 100 Percent VA Disability Benefits: Understand Your Claim Options, Social Security Disability Claims and Appeals, Camp Lejeune Justice Act Toxic Water Claims. 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. By Bethany K. Laurence, Attorney. 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. An individuals eligibility for DDD benefits can be determined by a number of factors. You May Like: New York State Short Term Disability. These cookies are necessary for the website to function and cannot be switched off in our systems. The VA could assign you a herniated disc disability rating from 10% to 100%. Pain that worsens when sitting (while seated, the discs of the lower back have 3x more load on them than when standing). Schedule a Free Consultation. Consult with our nationally recognized law firm to receive assistance. 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. Generally, you need to be denied at least once before an attorney can assist, but once a lawyer is involved they will often be able to quickly determine what needs to be done in order to prove entitlement. As discussed above, the VA typically assigns a Veterans Disability rating of between 10 and 20% for degenerative disc disease. Smoke from military burn pits have had both short- and long-term health effects on those exposed. In its earlier stages, it can be easy to assume that DDD symptoms are just everyday aches and pains that have no link to a Veteran's military service. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. Veterans Affairs Canada (VAC) considers the diagnosis of Cervical Facet Syndrome to be synonymous with the diagnosis of Osteoarthritis of the Cervical Spine. 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. Secondly, your condition needs to be able to meet any of the blue book listings for musculoskeletal diseases. We have helped thousands of clients nationwide fight for the disability benefits they deserve. You should consult with your doctor if you are experiencing back pain to find out what is causing it and how it is affecting you. 2022 DisabilityProAdvice.com | Contact us: contact@disabilityproadvice.com, Degenerative Disc Disease & VA Disability Benefits | VA Appeals Attorneys. Degenerative disc disease (DD) can only be diagnosed if you have a doctors examination of your body. Pain, numbness, weakness, or tingling in the extremities. Degenerative Disc Disease of the Lumbar Spine Eczema-type symptoms (e.g., dry, itchy skin), An in-service event, injury, or illness; and. Disability ratings range from 0% to 100%, with higher ratings indicating more severe symptoms. 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. Include. Military service puts a lot of stress on your body. These examples of functional impairment can limit a veterans daily activities, quality of life, and ability to work. 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. Muscle atrophy must also be accurately measured and reported. For example, if a Veteran experienced 4-6 weeks of incapacitating episodes in the past year, they can receive a 40% bulging disc VA disability rating. Receive answers to more of your VA disability claim questions. 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. It is determined in each case whether or not an extraschedular disability rating should be given. It has been demonstrated that persistent disc disease can lead to a variety of health problems over time. It may cause back and neck pain and sometimes impact nerve function. 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. 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. With over 30+ years experience winning cases, the attorneys at Tucker Disability Law have built a reputation for excellence, hard work, and always standing by our clients. With age or trauma, the intervertebral discs lose their water content, leaving the discs more prone to tearing or damage. Medical professionals call this 'radicular pain.' 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. 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. . How can a veteran get a 100% VA rating for back pain? Veterans who served in specified locations and time periods do not have to prove a connection between their sinusitis and service to be eligible for VA health care and disability compensation. It is very common to receive only a 10 or 20 percent rating for neck or back conditions. What Conditions Qualify for Disability Benefits? Asthma symptoms will vary from person to person. I have a 20% rating for arthritis in my back, but can I get more for degenerative disc disease? One of the rated conditions I left the Army with was "Degenerative Disc Disease" at 10%. For a free case evaluation, call CCK today at 800-544-9144. When a herniation of the disc occurs as a result of degeneration, it is the most common surgical treatment for this condition. This is where a VA-approved medical professional will perform a comprehensive physical and verbal examination then write their opinion on your condition. Others develop a more serious condition DDD , which is a lifelong condition that has the potential to cause significant disability. 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. We can assist you in obtaining VA benefits, as well as in appealing any denials. Attending a C& P exam with a medical professional can also potentially help you discover the presence of secondary conditions you were unaware of. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Qualifying military members with degenerative disc disease can receive benefits. 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). It can be difficult for veterans to satisfy this rating criteria because modern medical practices no longer call for bed rest to treat IVDS. The doctor must perform a goniometer test on you to determine your ability to move. This might be the case for a veterans DDD, as the highest schedular rating under is only 20 percent. When the discs degenerate or break down, they can no longer perform their function properly. As the spine wears and tears, the disc degenerates. For instance, which pages you go to most. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. 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). VA Claims Insider Testimonial: Elite Success Story Dons been through a lot. Don't Miss: Is Aflac Short Term Disability Worth It 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. It can also result in numbness and tingling in the upper or lower extremities. Any limitation of Range of Motion (ROM) should be measured with a Goniometer by the medical professional at your VA C&P Exam for Back Pain. Without these cookies, services you have asked for cannot be provided. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. However, there are a few ways veterans can increase their DDD VA rating. There are a few ways that veterans can increase their DDD VA rating. However, there are a few ways veterans can increase their DDD VA rating. VA Unemployability Explained What is TDIU? Read Also: Chances Of Winning Disability In Federal Court. Call our law firm, toll free at 800-562-9830 or contact us . As a result of DDD, some people can manage their pain in a variety of ways. This occurs when your level of disability is beyond what the rating criteria typically reflects. Spine conditions are usually rated based upon how limited your back or neck range of motion is. Have you been affected by Camp Lejeune water contamination? The VA Disability Rating for Degenerative Disc Disease (DDD) is typically found in the lower back or neck. Service Connection Thinner and weaker discs often lead to back pain, muscle weakness, and pinched nerves. Otherwise, VA should not rely on it for adjudication purposes. Some people with DDD may experience no pain while others may experience debilitating pain that inhibits their daily life. If you are disabled from a degenerative spinal disc condition and your disability claim has been turned down, we can help. It can also result in numbness and tingling in the upper or lower extremities. 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. Can I Get Disability With Degenerative Disc Disease Despite the challenges that arise, people with DDD can still lead full, productive lives. It is often hard to get disability for degenerative disc disease.

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