However, if VA examiners arrive at this conclusion, they must provide adequate rationale to support their determination. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Tingling and numbness may not last for long periods of time; however, these symptoms may be a sign of possible nerve damage. If you continue to use this site we will assume that you are happy with it. Use the disability rating calculator to get your VA combined disability rating. This broad spectrum of application means that those suffering from arthritis can experience a variety of symptoms in regards to location and severity. Degenerative disc disease is found in the SSA Listing 1.00 Musculoskeletal Disorders. Severe cases of degenerative disc disease can make the simplest tasks difficult or even impossible to perform. These cookies collect information about how you use our website. This results in pressure on the nerve roots themselves. document.getElementById( "ak_js_8" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To Our Denied Disability by Hartford eBook. By continuing to use our website, you agree to these updates. ET. Finally, in the absence of limitation of motion, a veteran's degenerative disc disease VA rating will be as follows: 10% - with X-ray evidence of involvement of two or more major joints or two or more minor joint groups, with occasional incapacitating exacerbations. Treatment for degenerative joint disease may include the use of anti-inflammatory medications, pain relief medications, physical therapy, and orthopedic devices such as braces and walkers. 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. A form of arthritis, degenerative disc disease involves the progressive loss of normal structure and function in the spine. SSA will next base its determination of disability on your capacity for full-time work, despite your limitations and restrictions resulting from your degenerative disc disease and any other physical or mental impairments. #2: Direct Service Connection for Post-Traumatic Arthritis rated under DC 5010 with a rating of 10 percent or 20 percent. 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. 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 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. VA disability for arthritis in the knee is generally determined through range of motion testing. Youll also be able to see which of your individual disability ratings are service-connected. References: They may also be used to keep track of what [products, video, links, etc.] 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. VA Disability Ratings for Arthritis Conditions - Hill & Ponton We also assist the surviving spouses of deceased service members to obtain the benefits to which theyre entitled. Disorders of the back and spine are all too common for veterans. What Is The Maximum Disability Rating For Degenerative Disc Disease. It is also possible to establish a secondary service-connection under 38 CFR 4.58, which states that if you have received an amputation or a leg shortening and arthritis appears later in life, it may be service-connected on a secondary basis (so long as the arthritis is attributed to those conditions). Total Disability Rating for Joint Replacement Surgery, Increasing Your VA Rating by Combining Multiple Disabilities, Get Help With Increasing Your Joint Pain and Arthritis Disability Rating, rheumatoid arthritis condition is incapacitating, you may be eligible for Total Disability Based on Individual Unemployability (TDIU), What You Need to Know about TDIU VA Benefits, https://www.va.gov/disability/eligibility/special-claims/unemployability/, the bilateral factor can bump you up to a rating of 80%, How The VA Disability Bilateral Factor Affects Veterans Ratings, temporary increase of a 100% disability rating, Woods and Woods has helped several of my vet buddies to get what they deserve, A request for an increased VA disability rating using, A claim for a secondary service-related disability. Some veterans may also develop degenerative disc disease as the result of an already service-connected condition. presented nationwide on disability law. Learn about the term service connection and how it relates to VA benefits. If arthritis has caused you to lose function in your hands, you may also be entitled to Special Monthly Compensation. Diagnostic code 8510 puts the ratings into these four categories: These same ratings match most of the ratings of Thoracic and Lumbar Radiculopathy as well. In addition, there are times when VA can rate veterans outside of the rating schedule. VA Disability For Back Impairments - The Veterans Law Office Were here Monday through Friday, 8:00 a.m. to 9:00 p.m. 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. You could be eligible for up to $3,345 per month In SSDI Benefits, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The rating criteria are: 20%: "One or two exacerbations a year in a well-established diagnosis" document.getElementById( "ak_js_10" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To The Disabled Doctors Guide. We assign a disability rating based on the severity of your disability. 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. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. a nerve root of both cervical and lumbar spines. 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). It adds 10% to the combined disability rating. What Is the Maximum Disability Rating for Degenerative Disc Disease? can result in further difficulties. 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. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. Contact ustoday to schedule a free consultation to discuss how we can help increase your VA rating for joint pain and arthritis. You may have purchased an individual disability policy to protect against loss of income should disability strike. Osteoarthritis (degenerative joint disease), is the most common form affecting veterans. VA Claims insider is an education-based coaching/consulting company. 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. 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. Do You Qualify for Long Term Disability Benefits? Without these cookies, services you have asked for cannot be provided. The bilateral factor takes into consideration that a disability affecting both knees (or arms, legs, etc.) In either case, you need to prove to the insurer you are unable to work under the terms of your insurance policy. The VA examiner will usually ask questions during the exam to establish whether your condition is related to your military service. Pain is Now a Disability Eligible for VA Benefits, Denied Benefits? Its important to look into worsening symptoms and secondary conditions that may have surfaced as a result of the degenerative disc disease. Service-connected disabilities are injuries or illnesses that were causedor made worseby your active-duty military service. Sometimes the VA Regional Office (RO) will request you attend aCompensation and Pension (C&P) examto assess your degenerative disc disease. 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. 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. # # # # # # # # 8 W# , $ # um O) k/ ( / / / 0 &. Neck muscle injuries. You would have to show that it should have always been rated higher, not that your condition is getting worse. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Extraschedular ratings are assigned when the rating criteria does not accurately reflect a veterans level of disability. One of the common joints that veterans experience problems with is the spine, both the lumbar and cervical spine. When deciding disability cases, the Social Security Administration (SSA) uses a process called the 5-Step Sequential Evaluation Process. Thankfully, the in-service injury does not need to be traumatic to be considered connected. Secondary Conditions to Flat Feet for VA Disability | CCK Law Be careful that you do not use a prior version of the Listing. One way your disability rating can be increased is by combining multiple disabilities. While each condition that causes knee joint pain is assigned a rating based on its severity, your disability rating may be increased based on VA secondary conditions to knee pain. Many factorscan lead to DDD, including heavy lifting, family history of spine problems, or spine injury. Arthritis VA Rating: Types of Arthritis and VA Disability 4.71(a) diagnostic codes 5335 to 5243. The Social Security Administration (SSA) will look at your "residual functional capacity" (RFC) to see what activities you can still do. VA rates knee conditions under three separate criteria: 1.) These policies are controlled by state contract laws and insurance laws. Dont let a delay or denial stop you from winning your disability claim for degenerative disc disease. 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 you continue to use this site we will assume that you are happy with it. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Medical evidence showing the link between your service-connected condition and secondary condition. By understanding what medical and vocational evidence the claims examiner or administrative law judge is looking for, we can help you demonstrate the medical severity of your condition, and how your degenerative disc has reduced your productivity and your ability to perform even sedentary tasks. Arthritis can also cause carpal tunnel syndrome, which can result in complete paralysis of the hand, warranting a disability rating of up to 70% for your dominant hand. Marc Whitehead has been practicing law for over 27 years in Houston, focusing exclusively on disability law. About VA Disability Ratings | Veterans Affairs You might meet the listing for having an abnormality of a major joint if you have degenerative joint disease in your hips, knees, ankles, feet, shoulders, elbows, wrists, or hands. 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. The site is secure. If you do not attend, your claim will likely be denied. How the VA Determines Benefits for Arthritis - VA Claims Insider Increase Your VA Ratings For Joint Pain And Arthritis Disability This condition occurs in the lower back or neck. 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. Common VA Joint Problems and How They Are Rated | CCK Law Today we share important tips about how the Social Security Administration, disability insurance companies, and the Department of Veterans Affairs evaluate these claims. 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. Arthritis especially tends to affect those who are overweight, as well as older men. VA Disability Ratings for Degenerative Disc Disease (DDD) Increasing your VA disability rating for arthritis or joint pain can be challenging, but its not impossible. 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. they experienced an in-service event, injury, or symptom; and 2.) Contact our team today for a free case evaluation at (800) 544-9144. Insiders, today we are discussing how the VA determines benefits for arthritis. These cookies may be set through our website by our advertising partners. If you filed a claim for DDD and VA denied you benefits, Chisholm Chisholm & Kilpatrick LTD may be able to help you appeal the unfavorable decision. VA Disability for Shoulder and Arm Injuries - Woods and Woods, LLC 4.71(a) diagnostic code 5002. I am a 67 year old Vietnam vet who would like to see these claims resolved before I pass! Your degenerative arthritis VA rating is based on the number of joint/joint groups that have a limited range of motion. Symptoms of degenerative joint disease include pain, decreased joint motion, stiffness, and swelling. 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. If you have joint pain or osteoarthritis in both hands, the rating for each disability can be combined for an increased rating. 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. Otherwise, VA should not rely on it for adjudication purposes. His firm, Marc Whitehead & Associates files applications and appeals denials for Long-Term Disability insurance Ratings between 50% and 100% are based on the level of ankylosing spondylitis present. Is Degenerative Disc Disease A Va Disability - Brandon Orthopedics 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. 1. (YouTube), Play Compensation 101: What is disability compensation? 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. A doctor can determine if your service had a causal relationship with your arthritis by looking at your injuries or overuse of the joints. Can I Get a 100% Disability Rating for Joint Pain? This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. Some joint pain conditions are rated higher by the VA than others. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. The attorney listings on this site are paid attorney advertising. Remember, if you are still trying to prove a disability claim for degenerative disc disease that was initiated before April 2, 2021, the SSA listing for Musculoskeletal Disorders including all back disorders has changed. Degenerative disc disease typically affects the lower back or neck. Disclaimer: This information is not legal advice. 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. 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.