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. For a free case evaluation, call CCK today at 800-544-9144. Social Security will compare what you can still do with your prior job skills and education. Typically, the VA will look to medical evidence to determine your rating such as blood tests as well as X-rays and MRIs of the joints that are affected. Contact ustoday to schedule a free consultation to discuss how we can help increase your VA rating for joint pain and arthritis. document.getElementById( "ak_js_10" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To The Disabled Doctors Guide. 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. One exception to this is a condition rated under diagnostic code 5243 using the criteria for Intervertebral Disc Syndrome. 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. If your VA disability claim for a joint condition was denied, we may be able to help you. 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. If you continue to use this site we will assume that you are happy with it. 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. Fill out the short form below to contact us. By continuing to use our website, you agree to these updates. A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), or of this section . you viewed to avoid repetition. These cookies collect information about how you use our website. In April 2018, the Unite States Court of Appeals for the Federal Circuit ruled that pain is a disability eligible for VA disability compensation. 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. VA Claims insider is an education-based coaching/consulting company. Degenerative joint disease of the spine is one of the most common claims made by Veterans for service-connected disability. This video explains what disability compensation is and what to keep in mind when filing. Its important to look into worsening symptoms and secondary conditions that may have surfaced as a result of the degenerative disc disease. Degenerative disc is one of the most common causes of back and neck pain resulting in disability. 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. You can check the status of pending claims with the claim status tool. When deciding disability cases, the Social Security Administration (SSA) uses a process called the 5-Step Sequential Evaluation Process. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To Our Veterans Disability Claims eBook. 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. 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. they experienced an in-service event, injury, or symptom; and 2.) Disorders of the back and spine are all too common for veterans. if you have problems with your hip or knee joints, you may not be able to stand or walk for long, but you may be able to do a sedentary job that allows you to sit most of the day. Although DJD can occur in any joint, it most often affects the hands, shoulders, neck, hips, knees, and lower back. Function: Postural support of body; extension and lateral movements of spine. The cause of degenerative joint disease is often attributed to overuse of joints, aging, or simply "wear and tear." The VA typically rates DDD between 10% and 20% with alternate rating options under diagnostic codes 5003 (Degenerative arthritis, other than post-traumatic) or 5010 (Post-traumatic arthritis). If you continue to use this site we will assume that you are happy with it. Insurance providers often deny credible disability claims for degenerative disc disease and other back and neck disorders, by asserting various reasons including: Marc Whitehead & Associates are ready to help you. (YouTube), Play Compensation 101: What is disability compensation? All Rights Reserved. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 4.71(a) diagnostic codes 5335 to 5243. You can view your disability ratings online if you got a decision notice from us in the mail confirming your disability rating. VA Disability Rating for Rheumatoid Arthritis, Total Disability / Individual Unemployability for Arthritis and Joint Pain Conditions (TDIU), VA Disability Rating for Arthritis in Hands, VA Disability Ratings for Knee Joint Pain and Arthritis. These cookies dont collect information that identifies you. 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. The rating criteria are: 20%: "One or two exacerbations a year in a well-established diagnosis" document.getElementById( "ak_js_6" ).setAttribute( "value", ( new Date() ).getTime() ); Get Access To Our Denied Disability by Unum eBook. A doctor can determine if your service had a causal relationship with your arthritis by looking at your injuries or overuse of the joints. However, there are a few ways veterans can increase their DDD VA rating. His firm, Marc Whitehead & Associates files applications and appeals denials for Long-Term Disability insurance In this situation, a VA RO will contact you to schedule the exam. You may also be eligible for a 100% disability rating during the time period in which you are convalescing. In fact, the American Academy of Orthopedic Surgeons has cited it as the number one reason for disability discharge among service members. Service-connected disabilities are injuries or illnesses that were causedor made worseby your active-duty military service. 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. If you do not allow these cookies, you will experience less targeted advertising. If you can't work because your degenerative joint disease makes it difficult for you to walk or use your hands, you might be able to get monthly disability benefits through Social Security. Degenerative disc disease typically affects the lower back or neck. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. 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 also assist the surviving spouses of deceased service members to obtain the benefits to which theyre entitled. # # # # # # # # 8 W# , $ # um O) k/ ( / / / 0 &. Neck muscle injuries. Contact our team today for a free case evaluation at (800) 544-9144. Presumptive service connection is possible because the VA characterizes arthritis as a chronic disease under 38 CFR 3.309. (What most of us call VA Math.) Before sharing sensitive information, make sure you're on a federal government site. This will effectively increase your VA disability rating. Increasing your VA disability rating for arthritis or joint pain can be challenging, but its not impossible. Winning a disability claim for degenerative disc disease always calls for submitting thorough medical evidence, proof of ongoing treatment from qualified doctors, and often undergoing a functional capacity evaluation. 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. For instance, if you have problems with your hip or knee joints, you may not be able to stand or walk for long, but you may be able to do a sedentary job that allows you to sit most of the day. If you underwent a full knee replacement surgery, you would receive a disability rating of 100% for the first year following the surgery. 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. Arthritis in the knees often gives rise to secondary conditions which can increase your rating. 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. It can develop later in life due to the overuse of joints or traumatic injuries that occurred during active duty. These cookies are essential so that you can move around the website and use its features. 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. There are 5 primary ways a veteran can prove Arthritis is service connected and get VA disability benefits: #1: Direct Service Connection for Degenerative Arthritis rated under DC 5003 with a rating of 10 percent or 20 percent. 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. Under the new SSA listing, degenerative disc disease is categorized under 1.15, Disorders of the skeletal spine resulting in compromise of a nerve root(s). Do You Have Long-Term Disability Insurance Coverage? 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. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on October 27, 2020 by Neil Woods Last Updated on December 27, 2022. April 13, . Ratings between 10% and 40% are given, in part, based on your ability to bend forward and move in the other 5 directions. Take a behind-the-scenes look at what we do to win your Social Security Disability Claim. 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. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. 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. Osteoarthritis occurs when the cartilage in a persons joint breaks down, mostly impacting weight-bearing joints such as knees, the back, and ankles. Service Connection for Degenerative Disc Disease, Compensation and Pension (C&P) Exams for Degenerative Disc Disease, VA Disability Rating for Degenerative Disc Disease. If you have problems with your wrist or hand joints, you may not be able to type, write, or work with small objects. what is the va disability rating for degenerative disc disease. VA rates cervical and thoracolumbar spine conditions under 38 C.F.R. It takes a 100% rating from the VA to determine whether a veteran is completely incapable of working. Cookies help us deliver the best experience on our website. If you have one or more disability ratings, you can view your VA combined disability rating and your individual ratings online. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! This results in pressure on the nerve roots themselves. The first two eligibility requirements are: If you pass these requirements, the next hurdle of the 5-Step Evaluation is Step 3 Does your disability meet or equal a medical listing? 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. The attorneys at Chisholm Chisholm & Kilpatrick LTD are skilled in handling veterans disability claims for joint problems, such as osteoarthritis. This communication with the firm or any member of the firm does not establish an attorney-client relationship. Youll also be able to see which of your individual disability ratings are service-connected. For ankle conditions, VA rates these under various separate diagnostic codes depending on a veterans diagnosis, and the rating criteria are dependent on limited motion, deformity, or limitations of plantar flexion or dorsiflexion. Your major weight-bearing joints include your hips, knees, ankles, and feet. Use the disability rating calculator to get your VA combined disability rating. 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. This can be done by filing: You may also be able to file an appeal within one year of the VAs decision on your claim. References: Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School. Federal government websites often end in .gov or .mil. Many cases of degenerative joint disease don't meet the criteria of the above listings. 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. Applying and being approved for these benefits can seem daunting, but Recognizing and Addressing An Underrated Veteran Disability Military Sexual Trauma (MST) is sexual harassment and or sexual assault experienced by a military service member. However, it is important to note that a veteran cannot receive both a rating under the appropriate diagnostic code for their affected joint AND a 10% rating under 5003; they can only receive one or the other. 4.71 (a) diagnostic code 5002. Contacting us does not create an attorney-client relationship. Joint pain and arthritis in the hands is a common condition faced by veterans. Here is a video explaining how the VA combined ratings table works from one of our Veterans Disability Lawyers. Without these cookies, services you have asked for cannot be provided. Estimate your 2023 VA Rating & Compensation for FREE! 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. Ratings between 50% and 100% are based on the level of ankylosing spondylitis present. 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. In either case, you need to prove to the insurer you are unable to work under the terms of your insurance policy. physical examination reports with detailed descriptions of orthopedic, neurologic, or other objective findings, imaging and diagnostic tests showing evidence of joint abnormalities, reports of your subjective symptoms, such as how often you are in pain and whether you can perform activities of daily living (, a documented need for an assistive device, such as a cane or walker, operative reports for any surgical procedures, and. If you have questions about your benefits or how to access the tool, you can call us at 800-827-1000. Wear and tear of aging may affect the facet joints causing the discs to degenerate or break down. Arthritis refers to joint pain and disorders affecting joints and surrounding tissues, and this includes the spine. In addition, there are times when VA can rate veterans outside of the rating schedule. You would have to show that it should have always been rated higher, not that your condition is getting worse. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. For instance, which pages you go to most. Rheumatoid arthritis can be very painful and mostly impacts smaller joints. Unite States Court of Appeals for the Federal Circuit ruled that pain is a disability eligible for VA disability compensation. Pain is Now a Disability Eligible for VA Benefits, Denied Benefits? This can put pressure on a veterans joints and eventually could cause osteoarthritis. Why Hire CCK for Your VA Disability Appeal? 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. This is a higher rate than among the civilian population, and it is one of the leading causes of physical disability. Some veterans may also develop degenerative disc disease as the result of an already service-connected condition.
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