Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Each joint may receive a separate disability rating under different diagnostic codes that can make your rating closer to reaching 100% when combined. All Rights Reserved. We do not expect this to change because of these final rules. If you have arthritis or joint pain issues, the VA disability lawyers at Woods and Woods can help ensure you get the highest disability rating that youre qualified to get. However, if limitation of motion for the involved joint(s) renders a non-compensable rating, a 10 percent rating will be assigned for each major or group of minor . 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. Contacting us does not create an attorney-client relationship. To find out more, view our Privacy Policy. Evidence could also include a questionnaire completed by your doctor or even the results of an independent examination by a doctor Social Security sends you to. You may also be able to increase a disability rating for knee pain by combining the VAs bilateral factor. Learn about VA disability ratings Find out what disability ratings are and how we assign them. These cookies collect information about how you use our website. 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. 10% VA Rating for Arthritis: With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups 10%. 401-331-6300. Arthritis in the knees often gives rise to secondary conditions which can increase your rating. Youll see your VA combined disability rating and a list of your individual disability ratings. 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. Marc Whitehead has been practicing law for over 27 years in Houston, focusing exclusively on disability law. Degenerative disc is one of the most common causes of back and neck pain resulting in disability. Some joint pain conditions are rated higher by the VA than others. (YouTube), Play Compensation 101: What is disability compensation? Service Connection for Degenerative Disc Disease, Compensation and Pension (C&P) Exams for Degenerative Disc Disease, VA Disability Rating for Degenerative Disc Disease. 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. Degenerative Disc Disease VA Disability Benefits Copy this embed code to share the infographic on your own site. 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. I am hoping that I will also be helped. Thankfully, the in-service injury does not need to be traumatic to be considered connected. Va Disability Rating For Degenerative Disc Disease They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Filed Under: Back Disorders, Degenerative Disc Disease, Disabling Conditions, Spinal Injury Tagged With: Long Term Disability Insurance Denials, Social Security Disability, Veterans Disability Claims. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To Our Life Insurance Claims Kit. A doctor can determine if your service had a causal relationship with your arthritis by looking at your injuries or overuse of the joints. Copyright 2023 VA Claims Insider, LLC. 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. 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. If you have not yet submitted your claim to SSA, we can manage your initial application every step of the way. On 30 November 2020, the VA published a final rule effective 7 February 2021, to amend the Department of Veterans Affairs (VA) Schedule for Rating Disabilities ("VASRD" or "rating schedule") by revising the portion of the rating schedule that addresses the musculoskeletal system. To meet the requirements of this listing, you must need a walker or two canes or crutches to walk or, if you can't walk, you must need a wheelchair or scooter that requires the use of both hands. These cookies do not store any personal information. Find out what disability ratings are and how we assign them. If you continue to use this site we will assume that you are happy with it. 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. 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. There are a few different ways you canrequest an increasein an existing disability rating. The first two eligibility requirements are: Step 1 - You are not gainfully employed, and. For instance, which pages you go to most. 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. If you have joint pain or osteoarthritis in both hands, the rating for each disability can be combined for an increased rating. Use the disability rating calculator to get your VA combined disability rating. Spine conditions are usually rated based upon how limited your back or neck range of motion is. Insiders, today we are discussing how the VA determines benefits for arthritis. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. A family-owned business since 1985, our lawyers have helped thousands of veterans who are entitled to disability benefits get the highest disability rating they deserve for their service-connected joint pain and arthritis. How to Win Your Disability Claim for Degenerative Disc Disease 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. Your degenerative arthritis VA rating is based on the number of joint/joint groups that have a limited range of motion. After the exam, the VA examiner will issue an opinion deciding if your DDD is at least as likely as not connected to your service. 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. How to Get a 100 Percent VA Rating (if deserved)! If youre already receiving VA disability benefits for joint pain or arthritis and your current rating no longer reflects the severity of your condition, you may be able to file for anincreaseto your disability benefits. Localized or radiating pain, numbness, weakness, and immobility associated with degenerative disc disease can range from mild to severe, with the severity of symptoms increasing over time. Pain is Now a Disability Eligible for VA Benefits, Denied Benefits? It can also result in numbness and tingling in the upper or lower extremities. Degenerative joint disease of the spine is one of the most common claims made by Veterans for service-connected disability. If you do not attend, your claim will likely be denied. However, if VA examiners arrive at this conclusion, they must provide adequate rationale to support their determination. 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%. 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. 2023 Veterans Disability Compensation Rates | Veterans Affairs Sometimes the VA Regional Office (RO) will request you attend aCompensation and Pension (C&P) examto assess your degenerative disc disease. Two common joint problems for veterans are osteoarthritis and rheumatoid arthritis. However, the ankle instability may occur in conjunction with other issues, such as knee pain, and leg pain. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 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. What to Expect When Filing Your Initial VA Claim, Top 10 Questions About Military Sexual Trauma (MST). If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. When deciding disability cases, the Social Security Administration (SSA) uses a process called the 5-Step Sequential Evaluation Process. This condition occurs in the lower back or neck. 4.71(a) diagnostic codes 5335 to 5243. Your major weight-bearing joints include your hips, knees, ankles, and feet. 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! 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. Were here Monday through Friday, 8:00 a.m. to 9:00 p.m. 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. 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. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Since arthritis worsens over time, you should consider having your condition reviewed every few years. Xeljanz is a medicine prescribed for rheumatoid arthritis, psoriatic arthritis, and colitis. It is important to attend your C&P exam once it is scheduled or contact VA to reschedule if necessary. 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. 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. document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Access Our Disability Insurance Policies eBook. What Is the Maximum Disability Rating for Degenerative Disc Disease? To meet the requirements of this listing, you need medical documentation that you can't: In addition, you need to have a history of joint pain or stiffness and a loss of motion or instability in the affected joint. Winning your Social Security Disability Claim for Degenerative Disc Disease. 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. We assign you a disability rating based on the severity of your service-connected condition. Disclaimer: This information is not legal advice. You're not alone. However, both are still rated under the musculoskeletal system conditions. (What most of us call VA Math.) Contacting us does not create an attorney-client relationship. 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Even when conditions are completely debilitating, many veterans only have an 80% disability rating for arthritis and conditions related to joint pain. Arthritis especially tends to affect those who are overweight, as well as older men. Degenerative disc disease is often accompanied by varying levels of pain. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. Degenerative spine conditions may arise due to a persons history of musculoskeletal disorders or arthritis, a strenuous occupation or lifestyle, or an injury that sets off the degenerative process. 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. VA disability for arthritis in the knee is generally determined through range of motion testing. VA rates cervical and thoracolumbar spine conditions under 38 C.F.R. Do You Qualify for Long Term Disability Benefits? Categories: Instability of the Knee: The VA rates instability of the knee under diagnostic code 5257. you viewed to avoid repetition. The combined ratings are then calculated by rounding up to the nearest ten. If you do not allow these cookies, you will experience less targeted advertising. If you have questions about your benefits or how to access the tool, you can call us at 800-827-1000. 100%- Completely incapacitated and bedridden, regardless of how many joints are affected. When you visit web sites, they may store or retrieve data in your web browser. The following diagnostic codes are used to determine the scheduler disability rating applied to conditions of the hip. This results in pressure on the nerve roots themselves. Several rating criteria affect the total rating decision. Social Security will compare what you can still do with your prior job skills and education. Degenerative disc disease can cause soldiers of every age to lose their ability to work. 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. 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. We use cookies to ensure that we give you the best experience on our website. Claimants often work in an impaired state for years until they no longer can, before they seek help from a disability attorney. To complete the disability application, you'll need detailed information, including: For more information, see our article on applying for Social Security disability benefits. The site is secure. 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. If you underwent a full knee replacement surgery, you would receive a disability rating of 100% for the first year following the surgery. It can develop later in life due to the overuse of joints or traumatic injuries that occurred during active duty. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Fill out the short form below to contact us. An accredited Veterans claims attorney at our firm is an excellent place to start. For instance, which pages you go to most. This can be submitted via mail to the Evidence Intake Center or electronically throughVAs website. 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. In this way, your DDD was caused by your service-connected knee condition, warranting secondary service connection. 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. If your doctor orders bedrest, the frequency of your incapacitating episodes can also be the basis for a rating. What is the Cervicalgia VA Rating? Here's 3 Ways to Get a VA Disability functional loss, 2.) 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. About VA Disability Ratings | Veterans Affairs 4.71(a), under diagnostic code 5003 for arthritis, degenerative (hypertrophic or osteoarthritis). VA rates rheumatoid arthritis under 38 C.F.R. We also assist the surviving spouses of deceased service members to obtain the benefits to which theyre entitled. They may also be used to keep track of what [products, video, links, etc.] For a free case evaluation, call CCK today at 800-544-9144. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Have you been affected by Camp Lejeune water contamination? We have updated our Privacy Policy. Group LTD benefits are controlled by the Employee Retirement Income Security Act of 1974, a.k.a. The VA might note the presence of other conditions and award the veteran an even higher VA disability rating. Neck Conditions: How To Get VA Disability - The Veterans Law Office These cookies are essential so that you can move around the website and use its features. You may be eligible for a temporary increase of a 100% disability rating if you have been hospitalized for more than 21 days for joint replacement surgery. Use the disability rating calculator to get your VA combined disability rating. When deciding disability cases, the Social Security Administration (SSA) uses a process called the 5-Step Sequential Evaluation Process. One of the common joints that veterans experience problems with is the spine, both the lumbar and cervical spine. By continuing to use our website, you agree to these updates. document.getElementById( "ak_js_11" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. In April 2018, the Unite States Court of Appeals for the Federal Circuit ruled that pain is a disability eligible for VA disability compensation.