They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. However, the ankle instability may occur in conjunction with other issues, such as knee pain, and leg pain. Degenerative disc disease can cause soldiers of every age to lose their ability to work. How The VA Rates Hip Conditions. For instance, which pages you go to most. By using our website, you agree to the use of certain cookies. Arthritis especially tends to affect those who are overweight, as well as older men. 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. Top 5 Ways to Get a VA Rating for Arthritis (The Insider's Guide) you viewed to avoid repetition. Many veterans develop their arthritis later in life as the cartilage wears down. 4.30 Convalescent ratings. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. However, if you have a satisfactory range of motion but there is still pain, the VA will look to X-ray evidence for evidence of arthritis and assign a 10% or 20% disability rating. Degenerative disc is one of the most common causes of back and neck pain resulting in disability. Knowing how the VA determines benefits for arthritis can also help Veterans get their condition service-connected. Extraschedular ratings are assigned when the rating criteria does not accurately reflect a veterans level of disability. This is often determined via X-rays. Before sharing sensitive information, make sure you're on a federal government site. This will effectively increase your VA disability rating. By combining multiple disabilities, you may be able to get your disability rating up to 80% or higher depending on the rating assigned to each. 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. Take a behind-the-scenes look at what we do to win your Social Security Disability Claim. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Three episodes of rheumatoid arthritis flareups each year can increase your disability rating to 40%. How to File a Claim on VA.gov (step-by-step)! Even when conditions are completely debilitating, many veterans only have an 80% disability rating for arthritis and conditions related to joint pain. 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. The spine consists of boney structures called vertebrae that support the body and form the corridor through which the spinal cord passes. 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. Why Hire CCK for Your VA Disability Appeal? As with all claims submitted to the VA, it is required that there is a service-connection to the veterans arthritis. 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. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Despite how much pain the condition causes, the maximum VA disability rating for degenerative disc disease, as mentioned above, is typically 20 percent. Only if you win a CUE case. VA rates degenerative disc disease under38 CFR 4.71a, Schedule of Ratings Musculoskeletal System, diagnostic code 5242. 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. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Degenerative disc disease is evaluated under diagnostic code 5242 Degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome. (YouTube), Play Compensation 101: What is disability compensation? 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. In this way, your DDD was caused by your service-connected knee condition, warranting secondary service connection. For example, DDD can lead to other conditions among . SSA now classifies degenerative disc as an infirmity of the skeletal spine that results in compromise of a nerve root. This means veterans may be able to receive disability benefits for pain from undiagnosed joint problems if they meet the criteria. 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. Under 38 CFR 4.71a, the VA evaluates conditions of the musculoskeletal system. instability, and 3.) It may be difficult to get 100% TDIU from one disability, but here one of our VA disability lawyers talks about common disabilities that add up to a 100% combined rating. Several rating criteria affect the total rating decision. Increasing your VA disability rating for arthritis or joint pain can be challenging, but its not impossible. How VA Rates Arthritis for Disability Benefits | CCK Law VA rates rheumatoid arthritis under 38 C.F.R. Degeneration also promotes tears or cracks in the discs outer layers, causing bulging or ruptured discs and other serious physical limitations. Rheumatoid arthritis can be very painful and mostly impacts smaller joints. VA rates osteoarthritis based on 38 C.F.R. VA rates rheumatoid arthritis under 38 C.F.R. You would have to show that it should have always been rated higher, not that your condition is getting worse. Youll also be able to see which of your individual disability ratings are service-connected. a nerve root of both cervical and lumbar spines. However, if VA examiners arrive at this conclusion, they must provide adequate rationale to support their determination. you'll want to join this case, Increased VA Disability Ratings for Joint Pain and Arthritis. If you took Xeljanz for a year and suffered side effects, Insiders, today we are discussing how the VA determines benefits for arthritis. 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. You may also have developed a secondary condition that should have been factored into the rating. For claims involving degenerative joint disease, Social Security will look for: You can apply for Social Security disability in person at your local SSA office (after the COVID-19 pandemic ends and offices re-open), by calling Social Security at 800-772-1213, or you can apply online at www.ssa.gov/disabilityonline. Although there are different diagnostic codes, they are all rated using the same criteria. (YouTube), Play Compensation 101: What is service connection? If you have a disability rating of 10 percent, you'll receive $165.92 a month, and with a rating of 20 percent, you'll get $327.99. Partial knee replacements are also eligible to receive 100% disability in the first year following the procedure. presented nationwide on disability law. The site is secure. Secondary Conditions to Flat Feet for VA Disability | CCK Law This condition occurs in the lower back or neck. Have you been diagnosed with cancer, blood clots, or a heart problem? The agency will try to find jobs you know how to do, or could easily learn to do, that are within your physical limitations. You are able to work in sedentary occupations, There is no basis for the restrictions and limitations imposed on you by your doctor, There is no objective evidence of the condition (because pain and radiculopathy are too hard to objectively gauge). The attorney listings on this site are paid attorney advertising. Have you been affected by Camp Lejeune water contamination? document.getElementById( "ak_js_10" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To The Disabled Doctors Guide. The first two eligibility requirements are: Step 1 - You are not gainfully employed, and. Degenerative disc disease is found in the SSA Listing 1.00 Musculoskeletal Disorders. a certified practice advisor with Atticus, an organization that provides business training and management skills 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. Estimate your 2023 VA Rating & Compensation for FREE! eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities 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. 10%- If two or more joint groups (major or minor) have arthritis but are never incapacitating, 20%- If two or more joint groups (major or minor) have arthritis and are occasionally incapacitating, 20%- One or two incapacitating episodes per year, 40%- If there is a definite decline in health; or, if incapacitating episodes occur 3 or more times per year, 60%- If there is an overall decline in health but is short of complete incapacitation, significant weight loss or anemia; or, if there are 4 or more severe incapacitating episodes per year. Do Not Sell or Share My Personal Information, Medical Conditions - Eligibility for Disability Benefits, After You're Approved for Disability Benefits, Workers' Compensation Benefits Information, State-Specific Information for Workers Compensation, getting disability for degenerative hip joints, applying for Social Security disability benefits, Medical Conditions - Eligibility For Disability Benefits, After Youre Approved For Disability Benefits, State-Specific Information For Workers Compensation, Do Not Sell or Share My Personal Information, walk without a walker, two canes or crutches, or a wheelchair or scooter that requires both hands, or, use one hand due to arthritis, and you need the other to operate a one-handed wheelchair, cane, crutch, or other device, or. These cookies are essential so that you can move around the website and use its features. 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. Today we share important tips about how the Social Security Administration, disability insurance companies, and the Department of Veterans Affairs evaluate these claims. Did VA Deny Your Claim for Degenerative Disc Disease? The medical criteria that must be met are now different from the old SSA listing, which was 1.04 Disorder of the spine. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 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. However, if the limitation of motion of the specific joint or joints involved isnoncompensable(i.e., 0 percent disabling) under the appropriate diagnostic codes, a rating of 10 percent will be applied for each major joint or group of minor joints affected by limitation of motion. When deciding disability cases, the Social Security Administration (SSA) uses a process called the 5-Step Sequential Evaluation Process. Osteoarthritis can be painful because the breakdown of the cartilage can cause bones to rub together. Going through the process of getting your disability rating increased for joint pain or arthritis can be confusing and overwhelming. 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. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. 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. Xeljanz is a medicine prescribed for rheumatoid arthritis, psoriatic arthritis, and colitis. Common VA Joint Problems and How They Are Rated | CCK Law 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. Confidential or time-sensitive information should not be sent through this form. Finally, it is also possible to receive a secondary service-connection if it is determined that an already service-connected condition is causing arthritis. Neck muscle injuries. Can I Get a 100% Disability Rating for Joint Pain? Officially the word arthritis refers to joint inflammation, but it is also used to describe over 100 rheumatic diseases and other conditions affecting the joints, the tissues surrounding the joints, and other connective tissues. The VA examiner will usually ask questions during the exam to establish whether your condition is related to your military service. In April 2018, the Unite States Court of Appeals for the Federal Circuit ruled that pain is a disability eligible for VA disability compensation. Otherwise, VA should not rely on it for adjudication purposes. Four or more painful flareups can cause your disability rating to go up to 60%. We have filed suit on behalf of disabled clients whose disability claims for degenerative disc disease were denied by major carriers including AETNA, The Hartford, and Unum. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Radiculopathy is a medical condition in which the nerves are compressed or irritated in the lower back [1]. We have updated our Privacy Policy. This uneven shift in weight may then contribute to complications in your lower back. An accredited Veterans claims attorney at our firm is an excellent place to start. These cookies are necessary for the website to function and cannot be switched off in our systems. To complete the disability application, you'll need detailed information, including: For more information, see our article on applying for Social Security disability benefits. These cookies allow the website to remember choices you make to give you better functionality and personal features. We have updated our Privacy Policy. VA Disability for Shoulder and Arm Injuries - Woods and Woods, LLC Your degenerative arthritis VA rating is based on the number of joint/joint groups that have a limited range of motion. In fact, the American Academy of Orthopedic Surgeons has cited it as the number one reason for disability discharge among service members. You may also be able to increase a disability rating for knee pain by combining the VAs bilateral factor. We use cookies to ensure that we give you the best experience on our website. Some joint pain conditions are rated higher by the VA than others. The attorneys at Chisholm Chisholm & Kilpatrick LTD are skilled in handling veterans disability claims for joint problems, such as osteoarthritis. VA rates cervical and thoracolumbar spine conditions under 38 C.F.R. Knee pain is rated by the VA under various diagnostic codes depending on the condition causing the pain. 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. Fill out the short form below to contact us. How to Win Your Disability Claim for Degenerative Disc Disease Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Some people with DDD may experience no pain while others may experience debilitating pain that inhibits their daily life. If youve served in the armed forces and have been diagnosed with degenerative disc disease or other severe spine or back injury, talk to us. 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. A medical nexus linking the primary condition to the secondary DDD. 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. This video explains what disability compensation is and what to keep in mind when filing. Its vital to understand the new listing for degenerative disc disease, so the information that you provide in your claim to SSA is correct. 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. RSS Subscribe. A lumbosacral strain diagnostic code is 5237. Social Security is looking for an abnormality like narrowing of a joint space, destruction of bone, joint contracture, or ankylosis (when your joints or bones fuse). 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