Secondary Service Connection For Disabilities Caused By Parkinsons Disease
Parkinsons Disease, while a neurological movement disorder, may affect other systems of the body which can lead to additional disabilities. In the instance of Parkinsons Disease, a secondary service-connected disability would be a disability that was caused by the Parkinsons Disease, once it has been deemed service-connected.
Below are some conditions which may be considered secondary to Parkinsons Disease:
Disability Benefits For Veterans With Parkinsons Disease
The minimum VA disability rating for Parkinsons disease is 30%. However, you must consider other important factors that can increase this rating to 100%. While you may be awarded 30%, that rating alone may be incomplete.
The 30% rating is the starting point. It is vital to make sure the VA completes its rating and evaluates each of your symptoms associated with PD. The VA then should calculate your rating using the combined rating for each symptom. These may include:
- Tremors, rigidity, and slowness of movement in both upper and lower extremities
- Cognitive problems
- Facial muscle paralysis
Preparing For Your Appointment
When youre getting ready for your appointment, its a good idea to jot down a list of all the symptoms youre experiencing. It can be tough to remember every incident thats happened when youre sitting in the exam room. So make a list of every unusual symptom youve been having, no matter how unrelated or trivial it may seem.
Its also a good idea to write down your complete medical history so you are prepared to discuss it with your doctor.
Include any recent life changes or severe stresses youve experienced. You also need to bring a list of any and all supplements, vitamins, and medications youre currently on. You might also want to write down a list of questions to ask your doctor during the appointment.
Here are some tips for your C& P Exam where theyll give you most of your disability ratings.
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Va Special Monthly Compensation For Parkinsons
If you have Parkinsons and are receiving VA disability benefits, you may be eligible for Special Monthly Compensation . SMC is a higher rate of compensation paid to veterans with certain service-connected disabilities.
If you qualify for SMC, your benefits will be increased based on the severity of your disability. For example, if you have difficulty using your limbs, require help with activities of daily living, or are unable to work, you may be eligible for a higher compensation rate.
Common Medication For Parkinsons Disease
Medications such as Levodopa can be a lifesaver to Parkinsons sufferers, however up to 10% of those medicated by PD medications such as Levodopa, Carbidopa, and Entacapone experience cardiovascular symptoms such as irregular heartbeat, hypertension, ischemic heart disease, and stroke. One study found that 2.4% of patients who were taking carbidopa/levodopa had cardiovascular ischemic events, compared to only 1.1% in patients taking a placebo.
A 2013 study found a nearly three-fold increase in the risk of stroke in patients with Parkinsons. There is also a two-fold increase in the risk of heart failure and a 50% increase in the risk of dying from heart failure in Parkinsons patients.
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Risk Factors Associated With Military Service
A number of potential environmental risk factors may increase the risk of developing Parkinson disease for veterans. Perhaps the most commonly recognized is pesticide exposure, particularly given the presumptive service connections established by the VA for Parkinson disease and exposure to Agent Orange or contaminated water at Camp Lejeune.52,53 Both dioxin, the toxic ingredient in Agent Orange, and the solvents trichloroethylene and perchloroethylene, found in the water supply at Camp Lejeune, interfere with mitochondrial function leading to oxidative stress and apoptosis of nigrostriatal neurons.54,55 Other potential exposures, which are not necessarily limited to the veteran population, include rotenone, a phytochemical used to kill fish in reservoirs, and paraquat, an herbicide that may directly promote synuclein aggregation.56,57 Veterans who have reported exposure to these or other environmental chemicals in civilian life should be carefully assessed for the presence of motor PD or prodromal features.
Disabilities Secondary To Parkinsons Disease
While most people tend to think of Parkinsons disorder as a neurological movement disorder, and it most certainly is, many people do not realize that other systems in the body can also be severely affected by Parkinsons. Often, the same chemical exposure can also cause other disorders, such as ischemic heart disease. However, often it is the Parkinsons itself, or the medication used to treat it that is the causal factor in the development of a new disorder. Whether a veterans Parkinsons was caused by exposure to the TCDD in agent orange, pesticides, trichloroethylene, or its origins are unknown, Parkinsons cause many secondary health effects and disabilities.
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Va Disability Ratings For Parkinsons Disease
VA rates Parkinsons Disease under 38 CFR § 4.124a Schedule of Ratings, Neurological Conditions, and Convulsive Disorders, Diagnostic Code 8004. This diagnostic code assigns an automatic minimum 30 percent rating for the condition, but it does not take into account the symptoms associated with it.
Therefore, after beginning with the minimum 30 percent rating for Parkinsons Disease, VA should continue rating as follows:
- Evaluate each of the veterans symptoms/residuals associated with Parkinsons Disease
- Calculate the combined disability rating for those symptoms
- Assign the higher evaluation
Examples of symptoms/residuals of Parkinsons Disease that VA can evaluate when assigning a disability rating include the following:
- Difficulty swallowing DC 7203
- Speech problems DC 8210
- Bladder incontinence DC 7542
Service Connection Of The Veterans Parkinsons Disease Claim
By the way did you know that the Veterans Law Blog publishes the definitive guide for Veterans that want to prove these 4 pillars in their VA Claim? You can take a look at the 5+ hour Training Video here there is no other resource that has more information about HOW to prove the 4 Pillars of a VA Claim than this video.
Veterans with Parkinsons Disease must prove each of these 4 Pillars to prevail in their claim for service connection.
Typically, the 1st and 4th elements are the easiest to prove: eligibility and effective date. When it comes to proving Service Connection of a Veterans Parkinsons Disease, or establishing the impairment rating for that condition, the journey can be a little harder.
There are 5 Paths to Service Connection I encourage Veterans with Parkinsons Disease to use as many of the 5 Paths as they can.
A Veteran is not restricted to choosing only 1 path in their VA Claim.
If you would like to learn more about the 5 Paths to Service Connection as well as other information that isnt published anywhere else on the internet be sure to check out the 5 hr training video: How to Prove the 4 Pillars of a VA Service Connection claim.
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What Is The Va Rating For Tremors
If you have essential tremors, you might be wondering what your VA rating will be. There are no specific VA disability rating criteria for essential tremors. However, VA will most likely rate your claim based on the median nerve paralysis diagnostic code 8515. They may give you a percentage assessment depending on the severity of your symptoms utilizing this code.
The higher the percentage rating, the more severe your tremors are and the more assistance youll need to perform daily tasks. You may receive a 10% rating if your tremors are mild incomplete. For moderate incomplete tremors, you may receive a 20-30% rating. And for severe incomplete tremors, you may receive a 40-50% rating.
Of course, every case is unique, you will be rated based on the specific symptomology and your specific situation.
Exercise And Medical Interventions
Research has demonstrated the benefits of exercise for patients with PD. Not only have exercise programs been shown to improve motor function and reduce the risk of falls, but they also improve overall quality of life and possibly slow the course of the disease.
Fatigue is associated with lower diastolic blood pressureFatigue is a common debilitating symptom in PD. A 2019 study by researchers at the VA Ann Arbor Health Care System and University of Michigan found that symptoms of fatigue in PD patients were associated with small reductions in diastolic blood pressure throughout the day. Diastolic blood pressure measures pressure in the arteries when the heart rests between beats.
The investigators assessed hourly home blood pressures in 35 people with PD. They then asked the study participants to describe any symptoms of fatigue. The patients with fatigue symptoms had lower mean diastolic blood pressure than those without. The differences in pressure were most notable in the morning.
Fatigue is a complex condition. Understanding the mechanisms that underlie PD fatigue can help scientists find new treatment approaches, wrote the researchers. Fatigue experienced by PD patients could be a clinical manifestation of low blood pressure, they say.
Researchers taught an adapted version of the Argentine tango to 20 people with mild to moderate PD. Over three weeks, participants completed 15 dance lessons, each lasting 90 minutes.
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Dont Forget Tdiu If The Veterans Parkinsons Disease Precludes His Or Her Ability To Work
Young Onset Parkinsons is typically accompanied by a longer and slower decline in physical and mental capabilities than traditional onset.
However, if a Veterans Parkinsons Disease limits their ability to engage in substantially gainful activity, that Veteran should definitely consider applying for a 100% rating regardless of the rating for the Veterans Parkinsons disease based on Total Disability/Individual Unemployability.
These types of claims SEEM easy, but often require that a Veteran understand:
Adult Fibrosarcoma Dc 5329
Adult fibrosarcoma is a very rare soft-tissue cancerous tumor or sarcoma.
Fibrous soft tissue is a connective tissue that connects various parts of your body.
For example, your tendons attach muscles to bones your ligaments attach bones-to-bones.
Medical research has found evidence of a positive association between Adult fibrosarcoma and exposure to Agent Orange.
The VA rates Adult fibrosarcoma under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5329, Sarcoma, soft tissue .
The VA rating for Adult fibrosarcoma due to Agent Orange is 100 percent.
What is the VA rating for Adult fibrosarcoma cancer due to Agent Orange exposure?
- Adult fibrosarcoma, soft tissue cancer rate at 100%.
Note: A rating of 100 percent shall continue beyond the cessation of any surgery, radiation treatment, antineoplastic chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis of Adult fibrosarcoma, rate on residual impairment of function.
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Proving Service Connection For Parkinsons Disease Without A Presumption:
As for any other non-presumptive conditions, veterans with Parkinsons who did not serve in a location listed above may still qualify for VA compensation. You will need to submit additional evidence to show that your exposure was during military service, and link the exposure to your Parkinsons.
Because PD is progressive, the VA does not make veterans wait for the disease to slowly evolve. So medical documentation of symptoms should pave the way to service connection. The first thing you need to provide is documentation that you have symptoms of Parkinsonism.
You will need to provide the VA with your
- Military separation records
- Service treatment records
- Medical evidence of diagnosis and treatment of Parkinsons
Timing and sufficient evidence of Parkinsons are critical, as a timely filing for VA compensation properly ensures that you can start receiving benefits from the date VA has your claim in hand.
You will also need your physicians opinion saying that your PD was caused by exposure to toxins in service, or by a service-connected traumatic brain injury . We recommend providing a statement detailing your exposure or event.
Regarding Parkinsons in particular, various instances exist by which veterans may qualify for service-connected VA compensation, including
Parkinsons Disease And Traumatic Brain Injury
Traumatic brain injury occurs when brain function is disrupted by a traumatic event such as an IED blast, a gunshot wound, a car accident, etc. Rates of TBI among service members have increased substantially since the Iraq and Afghanistan wars.
VA diagnoses a veterans TBI as mild, moderate, or severe based on the severity of his or her symptoms. Importantly, if Parkinsons Disease develops at any point following a moderate or severe TBI, the veteran will be presumptively service-connected for it.
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Clear Cell Sarcoma Of Tendons And Aponeuroses Dc 5329
Clear cell sarcoma of soft tissue is a rare type of cancer primarily affecting young adults between 20 to 40 years old.
Clear cell sarcoma tumors tend to grow attached to tendons in the limbs, especially in the feet and hands.
They also sometimes develop in the gastrointestinal tract, attached with the bottom layers of the skin, and in locations throughout the torso.
Medical research has found evidence of a positive association between Clear cell sarcoma of tendons and aponeuroses and exposure to Agent Orange.
The VA rates Clear cell sarcoma of tendons and aponeuroses under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5329, Sarcoma, soft tissue .
The VA rating for Clear cell sarcoma of tendons and aponeuroses due to Agent Orange is 100 percent.
What is the VA rating for Clear cell sarcoma of tendons and aponeuroses cancer due to Agent Orange exposure?
- Clear cell sarcoma of tendons and aponeuroses, soft tissue cancer rate at 100%.
Medical Research: The Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine concluded in its 1994 report Veterans and Agent Orange: Health Effects of Herbicides Used in Vietnam and other updates that there is evidence of a positive association between exposure to herbicides used in Vietnam and soft tissue sarcomas.
Examples Of Bradykinesia Va Disability Ratings
The VAs approach to bradykinesia varies widely depending on the case. This is a good thing because it allows the VA to tailor its rating for your case of bradykinesia. For example, in one reported case, a veteran who experienced bradykinesia in his upper extremities was entitled to a 20% disability rating for his non-dominant arm and 30% for his dominant arm. These residual ratings will be aggregated using VA math to produce an overall VA disability rating of 40%.
combined VA rating and monthly payment
In another case, a veteran who experienced bradykinesia in his left leg was entitled to a 40% disability rating because it was accompanied by stooped posture and stiffness and weakness in the leg. Besides these, the veterans left foot would drag, and his gait would freeze while walking.
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You May Need The Assistance Of A Veterans Disability Lawyer
Even if you do everything right in your veterans disability compensation claim, the VA may still deny your claim. Or they may not give you the disability rating that you deserve. At this point, you should seek a lawyer to assist you with the appeals process. At Jackson & MacNichol, we will stand by your side and advocate forcefully for the right outcome at every step of the appeals process. You have only one year to appeal the VA disability claim decision, so call us now at 1 492-2941 for your free consultation.
Camp Lejeune Contaminated Water Exposure And Parkinsons Disease
VA has established a list of presumptive conditions, including Parkinsons Disease, for service members that served at Camp Lejeune for at least 30 cumulative days from August 1, 1953 through December 31, 1987. Therefore, Camp Lejeune veterans do not need to prove that their Parkinsons Disease is connected to their military service.
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Is It Hard To Get Disability For Parkinsons
If you have Parkinsons disease, you may wonder if you qualify for disability benefits. The process can seem confusing, but the reality is that it is possible to get a disability for Parkinsons.
The first step is to gather medical evidence documenting your condition. It can include your diagnosis, medical nexus letter, records from your doctor, therapy notes, and test results. Once you have this documentation, you must file a claim to the VA. The review process can take several months, but you will begin receiving monthly payments if your application is approved. If you are considering applying for disability benefits, it is important to understand that the process can be lengthy, but it is possible to get approved.
Contact The Va Disability Benefits Team At Gerling Law Injury Attorneys
Regardless of whether you currently have Parkinsons disease, if you need help with VA disability benefits, Gerling Law Injury Attorneys has you covered. Since VA benefits are a question of federal law, it doesnt matter where you livewe can help.
As a team dedicated specifically to VA disability benefits, we know the ins and outs of the claims process. Its crucial to have experienced help on your side when it comes to these claims as VA benefits are a complex area of law.
An attorney without relevant experience may miss an important detail. Give us a call today for a free consultation, and lets team up to get you the compensation you deserve.
You served our country, and we are here to serve you. Go with Experience. Go with Gerling. ®
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