Securing a VA disability rating for tremors can be challenging. The VA evaluates various factors, including the severity of the tremors and their impact on your daily life. This guide explains the VA’s rating criteria for essential tremors and provides helpful insights for veterans seeking benefits for this condition.
What are Essential Tremors?
Essential tremor is a neurological condition that affects the nervous system, causing uncontrollable shaking. While it can occur anywhere in the body, it most commonly affects the hands during motor tasks such as:
- Drinking from a glass
- Sewing or tying shoelaces
- Sewing or tying shoelaces
Essential tremors are distinct from Parkinson’s disease, although they are sometimes mistaken for it. This condition can worsen over time, making everyday activities increasingly difficult. While it is usually not life-threatening, essential tremors are most commonly diagnosed in middle-aged individuals.
If you’re experiencing tremors, it’s essential to consult with your doctor to ensure proper diagnosis and treatment.
Common Symptoms of Essential Tremors
Essential tremors present a variety of symptoms, including:
- Shaking
- Numbness
- Reduced sensation in the fingers and toes
- Unexplained high muscle tension
- Difficulty coordinating muscle movements
- Other related issues
At first glance, essential tremors may resemble Parkinson’s disease, making it challenging to differentiate between the two conditions.
However, essential tremors are distinct from Parkinson’s disease in several critical ways:
- They are not associated with the loss of dopaminergic cells in the substantia nigra, a key region of the brain affected by Parkinson’s disease.
- They also lack the loss of dopaminergic nerve terminals in the striatum, the brain region that helps regulate movement.
For a deeper understanding of VA disability for Parkinson’s disease, check out one of our attorney’s Matt and Carol’s detailed video discussions below.
VA Disability Rating for Essential Tremors
Unfortunately, the VA does not have specific rating criteria for essential tremors. Instead, the VA often applies the diagnostic code for paralysis of the median nerve (Diagnostic Code 8515) to assess claims related to tremors. Ratings are assigned based on the severity of symptoms and the extent to which the tremors interfere with daily activities.
Example Ratings Using VA’s Criteria for the Median Nerve:
- 10%: Mild tremors in one arm that occasionally interfere with daily activities.
- 20%: Moderate tremors in one arm that frequently interfere with daily activities.
- 30%: Severe tremors in one arm that constantly disrupt daily activities.
- 40%: Paralysis affecting the non-dominant hand, limiting functionality but still allowing some basic tasks.
- 50%: Significant loss of function in the dominant hand, resulting in partial paralysis and a major impact on daily tasks.
It’s important to remember that these ratings serve as a general guide based on the median nerve criteria. The VA may assign ratings differently depending on your specific symptoms and medical evidence. Always provide thorough documentation of your condition and its effects on your daily life to ensure your claim is accurately evaluated.
Service Connection for Essential Tremors
Establishing service connection for essential tremors can be achieved through one of three pathways:
- Direct Service Connection
- Secondary Service Connection
- Service Connection via Aggravation
Direct Service Connection
A direct service connection requires proving that your essential tremors are specifically related to your time in service. To qualify, you must demonstrate the following:
- Current Diagnosis: Evidence confirming that you have been diagnosed with essential tremors.
- In-Service Event or Injury: Documentation of an incident, exposure, or injury that occurred during your service.
- Medical Nexus: A clear medical connection between your essential tremors and the in-service event or injury.
For example, if you were exposed to a neurotoxin while serving and later developed tremors, this exposure could serve as the basis for a direct service connection.in active duty aggravated or worsened the pre-existing tremors that previously were not enough of an issue to keep you from enlisting in the US armed forces.
Secondary Service Connection for Essential Tremors
A secondary service connection applies when your essential tremors are not directly linked to your time in service but are caused or aggravated by a primary service-connected condition.
For instance, if you have a service-connected condition that caused damage to your nervous system or sustained a traumatic brain injury (TBI) during service, and this led to your tremors, you may qualify for secondary service connection. In these cases, your tremors are viewed as a complication or consequence of the primary condition.
Service Connection via Aggravation for Essential Tremors
Service connection via aggravation is for veterans who had a pre-existing condition before entering service, but their time in the military worsened it.
For example, if you experienced mild tremors before enlisting and your condition became more severe or frequent during service, you may be eligible for VA disability benefits.
To qualify, you must provide evidence showing that your military service aggravated the pre-existing tremors beyond their natural progression. This includes demonstrating that the condition did not initially prevent you from meeting enlistment standards but worsened due to your time in active duty.
C&P Exam for Essential Tremors
A Compensation & Pension (C&P) exam is conducted by a VA-hired doctor to evaluate the severity of your disability and gather essential information for your claim. For essential tremors, this exam typically includes:
- Review of Medical Records: The examiner will analyze your medical history to understand the progression of your condition.
- Physical and Neurological Examination: The doctor will assess your physical symptoms and evaluate the impact of tremors on your motor skills.
- Symptom Discussion: You’ll be asked about your symptoms, including their frequency, severity, and how they affect your daily life and ability to perform tasks.
It’s crucial to be honest and thorough when describing your symptoms and challenges. The information you provide plays a vital role in helping VA determine your disability rating accurately.
TDIU for Essential Tremors
If your essential tremors are severe enough to prevent you from maintaining substantially gainful employment, you may qualify for a 100% disability rating through Total Disability Individual Unemployability (TDIU). This benefit allows the VA to rate you as 100% disabled even if your individual service-connected conditions do not meet the criteria for a 100% rating.
Eligibility Requirements for TDIU
To qualify for TDIU benefits based on essential tremors, you must demonstrate the following:
- Unemployability: Your service-connected tremors (and any other service-connected conditions) prevent you from securing or maintaining substantially gainful employment.
- Rating Threshold: You have at least one service-connected condition rated at 40% or higher, and your combined disability rating is 70% or higher.
The VA will evaluate the severity of your tremors, their impact on your ability to work, and how they limit daily functioning when determining TDIU eligibility.
Applying for TDIU
If you are unable to work due to essential tremors, don’t hesitate to apply for TDIU benefits. Proper documentation, including medical evidence and employment history, will strengthen your case.
For a deeper dive into the requirements and application process for TDIU, check out our comprehensive unemployability guide here!
Denied VA Benefits for Tremors?
If you haIf your VA claim for essential tremors has been denied or undervalued, don’t lose hope. At Hill & Ponton, we’ve spent years successfully helping veterans secure the benefits they deserve.
Disagree with your rating decision? Our team is ready to review your case and provide guidance. Click the button below to schedule a free, no-obligation consultation with one of our experienced Disability Coordinators.
