“Are you suffering from rheumatoid arthritis? Is it affecting your ability to provide for your family? Rheumatoid arthritis is an autoimmune disorder that’s characterized by joint inflammation.
“My name is Zack Evans. I’m a disability benefits attorney and I do VA cases for Woods and Woods in Evansville, Indiana.”
What is rheumatoid arthritis?
“It’s really important to note that there is no cure for rheumatoid arthritis. The treatment is focused on symptom management. So, the common functional problems that you see with rheumatoid arthritis are painful, swollen joints and stiffness, especially in the mornings.
“Usually, the symptoms present bilaterally. What that means is if you experience it on your left hand, you will commonly experience it on your right hand as well. This has some important implications for unemployability benefits in terms of the functional impact that it has on someone’s ability to maintain work.
“Think about how much manual dexterity is required to operate a keyboard or a mouse at a computer. Similarly, if you’re trying to operate heavy equipment, you need your fine motor controls to be intact to manually operate the joysticks.
“The cause of rheumatoid arthritis is still subject of ongoing medical research, but it appears to be a combination of genetic and environmental factors. Some common conditions that co-occur with rheumatoid arthritis are cardiovascular disease, lung disease, and mental health disorders. Oftentimes, we see the mental health disorders secondary to the limitations that are caused by rheumatoid arthritis.”
What is the rheumatoid arthritis VA rating?
“The ratings for rheumatoid arthritis can be found at 38 CFR 4.71a, and the diagnostic code number you’re looking for is 5002.
“Basically, your ratings are in order of severity from most severe down to your lowest ratings. One hundred percent would be essentially complete incapacitation, or an extremely severe case of systemic rheumatoid arthritis, down to minimal functional loss in joints.
“Your ratings for your arthritic joints are going to be per the diagnostic code numbers that correspond to those individual joints. So, if you have arthritis in your wrist, you’re going to need to refer to the area of the diagnostic code that looks at ankylosis of the wrist. If it occurs in your knees, you’re going to be looking at the knees, and again, the bilateral factor is very important. It’s a big deal.
“The reason that the bilateral factor is so important is because as you have disability that mirror on each side of the body. When you combine those ratings together, you also add an additional 10% of that combined value. So, your rating increases as you have mirrored problems on each side of the body.
“Additionally, another thing to consider is that the common etiology rules for combined ratings, according to the CFR, allow you to combine multiple related ailments to qualify for TDIU consideration. So that’s your total disability individual unemployability.
“This can help you combine multiple joint ratings into a single 60% or into a 40% to qualify you for the 70/40 rule, where you have to have a combined rating of at least 70% with an underlying condition of at least 40%.”
TDIU for rheumatoid arthritis
“I have an example here that can help highlight the way that we work these rheumatoid arthritis cases for our clients.
“So, a veteran has multiple joint impairments rated separately and begins experiencing chronic fatigue and mental fog. The veteran went to his primary care provider and was diagnosed with rheumatoid arthritis. So, we requested treatment records including radiological imaging results that confirm the diagnosis. We consulted an independent medical professional, who was able to determine that rheumatoid arthritis had been the culprit all along.
“Ratings should have been considered due to common etiology. So, the veteran qualified for TDIU with this new finding, as long as we could corroborate that with the testimony of a medical expert.
“This can make a huge difference in your TDIU cases. The same exact individual ratings for those service-connected joints can cross the TDIU plane by arguing the specifics, and specifics win the case.”
“Woods and Woods are the only attorneys I would recommend for veterans, they did a great job for me. 100 percent P&T disability, very caring and understanding. They will not quit until they win. I am so thankful for what they did for me.”
B.C., a Navy veteran in California
From a Google review for Woods & Woods
How Woods and Woods can help
“The ability to strategically argue specifics for your particular medical evidence is what we pride ourselves on at Woods and Woods. If you’re suffering from rheumatoid arthritis and it’s affecting your ability to provide for your family, give us a call. We handle these cases all the time and we’d love to help you out.”
Talk to Us About Your Claim:
(812) 426-7200
Zack Evans
VA disability attorney
Woods & Woods
Zack is a former prosecuting attorney. He received his law degree from Southern Illinois University. He joined Woods & Woods in 2017.
