Basically, lay statements outline the onset and progression of the veteran’s knee condition. Important Information On Combined Ratings For The Degenerative Arthritis Condition. Instead, partial knee replacements are rated according to any symptoms that are caused by the replacement such as limitation of motion. If you are unhappy with any part of your C&P process, you are urged to share that feedback with the C&P exam supervisor at the VA medical center immediately. Social Security Disability Benefits Guide, 5 Important Things to Remember about your Social Security Claim, Individual Unemployability Rating Calculator, The State of Veteran Health Benefits in the US, The Physical and Mental Health of Veterans, Knee Service Connected? A current diagnosis that includes the disability that is being claimed. Can I Lose My VA Benefits If I Don’t Attend My C&P Exam? Applying for VA Disability Benefits for Back Problems. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK successfully argues for a precedential decision about protected work environment. Bar Admissions: Therefore, you can receive ratings for both limitation of flexion and limitation of extension for the same knee. If there is weakness and severe pain with motion, then the veteran’s knee condition is rated at 60 percent. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 However, if you already have at least one service-connected disability rated at 60% or more, or two or more disabilities for a combined total rating of 70% or more, and you can’t hold down a job due to knee pain, you may qualify for TDIU. Texas Bar & Florida Bar These statements also describe the severity of the conditions and how it affects their everyday life. 2. This may have put strain on the left knee, resulting in knee pain. In this case, VA will provide additional compensation based on the disability ratings assigned. A “pyramid rating” occurs when the same disability is rated under multiple – and sometimes different – … To appeal a VA rating decision and win a TDIU rating or 100 percent combined rating, having an experienced veteran advocate working for you gives you best odds of success. If your osteoarthritis is so hard to manage that leaving the workforce is a must, you may qualify for Social Security Disability benefits. On its own, knee pain will not qualify you for TDIU. Knee pain problems are commonly-claimed conditions for VA disability benefits. [2][3] In some types other organs are also affected. The VA will rate knee pain and conditions under many different diagnostic codes, depending on the specific problem, or problems, caused by a knee condition. Service connection for left knee arthritis is granted. This guide will outline which knee conditions might qualify for VA disability compensation and how veterans can best prove service connection. Many injuries flare predictably with repetitive use. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 However, both swell frequently and are painful quite often (5-6 times monthly). If your diagnosis loosely explains your knee pain, it is unlikely that it will apply to your disability claim. How Can I Receive VA Disability Benefits After Burn Pit Exposure? A new disability that appears secondary to a service-connected injury or condition may allow veterans to prove secondary service connection. Have your doctor specifically use this language when he/she explains your limitations due to knee arthritis. As mentioned above, the only time knee pain qualifies for a 100% disability rating is following total knee replacement surgery. It’s been 6-years since I was rated by VA. Two years ago I had my right knee operated on for a torn meniscus. Top 3 Benefits Issues for the Department of Veterans Affairs (VA) in 2019, Obesity and VA Disability Compensation – Video, Video: Types of 100% VA Disability Ratings, VA Disability For Knee Conditions And Pain, Episode 47: Protected VA Disability Ratings, Episode 48: Secondary Conditions to Tinnitus for VA Disability Benefits, Episode 9: Court Rules VA Must Pay Retroactive Benefits to Blue Water Navy Veterans, Episode 42: Benefits All Disabled Veterans Qualify For, A medical nexus linking the current, diagnosed knee condition to the in-service incurrence. Mild discomfort may have turned into severe pain and limitation of motion due to the physical demands of service. Social Security Disability Claim This is a letter from an individual who rates VA benefits on the daily. In other words, your knee pain may not have happened while you were in the service, but it could be a symptom that shows up much later that is the result of a service-connected incident. A knee instability VA rating can be related to arthritis but doesn’t have to be. In addition, I was rated 10% for degenerative arthritis with bone spurs on the spine. If you are experiencing knee pain, a knee injury, or functional loss of the knee relating to your military service, you may be eligible for disability compensation based on a variety of factors. 1c. If the knee can move, but is limited in its ability to bend or straighten, it should be rated under diagnostic code 5260 and 5261. 577. eagle. Again, VA will look at the veteran’s range of motion first to see if a higher disability rating is warranted based on that. § 1155 (West 2014); 38 C.F.R. In flexion between 10° and 20° 40. Receiving a health diagnosis such as osteoarthritis can be a life-changing experience. It is possible that you entered the service with a previous injury that resulted in knee pain. Share with: Link: Copy link. Additionally, if veterans believe their C&P exam results were unfavorable, they should respond with contrasting evidence. Be sure to write a statement that details your concerns and submit it as a part of your claim file. 20. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Which Knee Conditions Might Qualify a Veteran For VA Disability Benefits? If you have worked long enough and paid FICA (Federal Insurance Contributions Act) taxes, you may be eligible. (Look to the end of the post for these rating tables). symptom) of a disability, twice. Do You Have Disability Insurance Coverage? They are simply there to gather information. Burn Pits: The Agent Orange for Post-9/11 Veterans, “Other related factors” must be considered in extraschedular analysis. Anne Linscott, Attorney Updated: August 28, 2020. VA will compensate veterans for medical conditions that existed at the time of entry into service that were made worse or “aggravated” by service. 203, San Jose, CA 95134 The VA awards disability compensation for all Diseases of the Musculoskeletal System that are service-connected.The DoD will also rate service-connected Diseases of the Musculoskeletal System as long as they also make the service member Unfit for Duty.For Reservists, the Diseases of the Musculoskeletal System must have occurred in the Line of Duty to qualify. For example, if a veteran had a 20 percent rating in their right knee for limitation of flexion and a 10 percent rating in their left knee for instability, VA should first take those two ratings and combine them to get a raw total of a 28 percent disability rating. Instability of the knee refers to when the knee has too much motion from side to side, or dislocates regularly. If your knee condition can be traced back to your injury in service, a doctor must provide an opinion linking the degenerative arthritis of your knee to your in-service injury. This low evaluation speaks to how VA rates knee conditions. When it comes to arthritis of the knee, it is crucial that you have someone experienced in handling VA Disability Benefits claims review the VA Regional Office Rating Decision – and the code sheet. The results of these tests will determine the ongoing rating. "Subjective crepitus is a simple and effective assessment that is predictive of [long-term] development of symptomatic knee osteoarthritis," wrote the researchers. If there are any additional problems, it is possible to receive a disability rating of up to 60%. It should be looking at things like pain, how severe it is during flare-ups, how frequently flare-ups occur, and more. The veteran, who served until October 2006, reported continuous symptoms of knee pain from 2006 to the present. Charleston, SC: 4000 S. Faber Place Drive, Suite 300, Charleston, SC, 29405 Doing so can help you start the § 4.45. VA should consider the left and right knee conditions together for a combined rating. §§ 1101, 1112, 1113, 1131, 1137; 38 C.F.R. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Seattle, WA: 506 2nd Ave, Suite 1400, Seattle, WA 98104. From there, VA will take 10 percent from that 28 percent (i.e., 2.8 percent) and add it on. VA Disability Claims (General) > Degenerative Arthritis (Osteoarthritis) Share. Replies. While in law school, Anne was a research fellow for a professor who provided free legal counsel for military personnel believed to have been wrongly accused while at war. Ask you to have other tests done, like x-rays or blood draws, if necessary, Documentation of injuries, surgeries, or other conditions with knee pain as a secondary symptom. VA Disability Ratings for Knee Pain: Do You Qualify for Benefits? San Jose, CA: 2880 Zanker Road, Ste. VA assigns a 0, 10, 20, or 30 percent disability rating for this knee pain condition based on the amount of instability present in the knee. Get a Free Case Evaluation, TDIU stands for Total Disability Rating based on Individual Unemployability, Extraschedular Ratings for VA Disability Claims. Since that time, we have provided compassionate Knee pain can appear as a secondary service connection related to: For example, if a veteran injured their right foot during service, they may have started favoring their left leg while walking. Copyright © 2021 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved. Sadly, while may have permanently changed, the financial responsibilities of life do not go away. Does RAMP Change the Process for Filing an Initial Disability Claim With VA? 10 posts Degenerative Arthritis (Osteoarthritis) Degenerative Arthritis (Osteoarthritis) eagle. How Can You Prove Service Connection for Knee Pain? You will need to prove service connection. Then the veteran’s arthritis may warrant secondary service connection if it is the result of their service-connected knee condition. The first option for obtaining a VA disability rating for knee pain is to establish a direct service connection. What Is an Extraschedular VA Disability Rating? It is important to note that veterans can receive more than one disability rating for knee conditions as long as each condition involves different movements. It is important to be aware of all the different ratings, and whether you are entitled to compensation for multiple ratings. C&P examiners should also be asking veterans about the presence of flare-ups and how such flare-ups may further limit the veteran’s functioning. Lay evidence includes statements from veterans, veterans’ friends and family members, and fellow service members. VA disability rating for arthritis ranges depending on your condition. Importantly, lay evidence can be very helpful when veterans are lacking medical evidence. When it comes to arthritis of the knee, it is crucial that you have someone experienced in handling VA Disability Benefits claims review the VA Regional Office Rating Decision – and the code sheet. This condition refers to the range of motion of the knee as the veteran moves it or curls it inward towards the body. The experienced attorneys and advocates at Chisholm Chisholm & Kilpatrick LTD may be able to help you receive a grant of VA disability benefits for arthritis. Contact Us. Climbing up and down steps causes pain. 38 C.F.R. While we still have our home base in Florida, Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Berry Law has assisted thousands of Veterans in their fight for disability benefits, and has helped Veterans recover over $170 million in back pay awards. Our team of knowledgeable attorneys specialize in social security and veterans disability law, helping former military service members obtain appropriate compensation for their injuries and illnesses. Since the doctor wouldn’t know if the surgery was successful until 3 months after the Veteran’s 1-week stay in the hospital, we granted the Veteran a temporary 100% disability rating for 3 … For example, if a veteran experiences difficulty in both bending and straightening their knee, they might be able to receive service-connected compensation for limitation of flexion and extension. Degenerative arthritis — also known as osteoarthritis — is given a disability rating of 10%-20%. I was wondering my condition I have been told the only fix I can do now is osteotomy or full knee replacement if I have either operation would it be bumped up. If you are experiencing knee pain, a knee injury, or functional loss of the knee relating to your military service, you may be eligible for disability compensation based on a variety of factors. Knee instability or crepitation (creeking and clicking sounds coming from your joints) can help you get a higher rating too. Disability Rating Schedules for Knee and Leg Conditions. VA Disability Compensation for Osteoarthritis . For example, you might have had knee arthritis prior to service that worsened during active duty. (If you don’t know what the VA’s code sheet is, you definitely need to talk to a VSO representative or a VA Disability Benefits attorney!) Getting these disabilities documented from your doctor is crucial for your claim! The stronger the connection between your military service and the injury you sustained, the more likely you are to have a successful disability claim. If not, VA will look to the rating criteria for arthritis. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Learn more about us, Veterans Disability Claim The new results, now online in Arthritis Care and Research, suggest that crepitus is indeed a good predictor of knee osteoarthritis. However, limitation of flexion of the knee is just one type of knee condition that can receive service-connected compensation. During your exam, the doctor will not treat you, provide referrals, or write prescriptions. Arthritis and ankle instability together might lead to a higher disability rating. Documentation of an in-service occurrence or incident that caused the disability, or at the very least, aggravated the condition. Functional loss can relate to issues with standing, walking, sitting, climbing stairs, kneeling, and other activities of daily life. I received a rating of 10% for traumatic arthritis, right knee status post ACL repair with residual scar (claimed as right knee condition). For example, a veteran is service-connected for a knee condition and later develops arthritis in that knee. VA Ratings for Arthritis Degenerative arthritis can receive the following disability compensation ratings from the VA*: 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 This evidence can be critical when the condition developed over time. VA disability ratings for knee extension limitations reach to 50 percent. Contacting us does not create an attorney-client relationship. A secondary service-connected condition is one that resulted from a separate condition that is already service-connected. It’s important that your doctor use these three terms to explain your limitations due to arthritis. Veterans suffering from osteoarthritis may be eligible for disability benefits from the Department of Veterans Affairs (VA). Please call for an appointment before visiting: Mail Processing Center: P.O. Therefore, veterans should be ready to report any functional loss that they experience. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Therefore, it may be beneficial to talk to a representative to learn more about which disability ratings are appropriate for your knee condition(s). This knee pain condition is rated under diagnostic code 5261 and the disability ratings available are 0, 10, 20, 30, 40, and 50 percent. This way, you can make sure the VA is giving you the proper percent rating and all of the compensation you’re entitled to for your knee disability. As mentioned above, obtaining VA disability benefits for knee pain can be challenging. 30. Within VA’s regulations, veterans should be afforded a 10 percent rating even if they do not necessarily meet the specific diagnostic code criteria for limited range of motion, but can otherwise show they have painful motion. In such cases, the VA is able to consider certain…. This will be determined on whether there is forward flexion greater than 30 degrees but less than 60 degrees. These conditions include: If you have a condition that leads to knee pain, the next step is to prove that the issue resulted from military service. Knee Flexion is the bending motion of your knee.VA disability ratings for knee flexion limitations reach to 30 percent. Contact our office today for a free case evaluation: 844-549-4500. Under the VA rating schedule, there is a standard 20% disability rating if there is x-ray evidence of involvement of two or more major joints, or minor joint groups, with occasional incapacitating exacerbations. My question: I’ve established gout & spine arthritis issues with the VA. Will the arthritis for both knees qualify for VA compensation (I left the service 11-years ago)? Additionally, he should explain why your condition falls into that particular category. Typically, the greater limitation of extension (or the harder it is to straighten the knee), the higher the disability rating will be. This information is not a substitute for legal advice. The pain might fade for a while, only to return in spades. Following service, the knee condition worsens and becomes severe, now impacting activities of daily living. We are sorry that this post was not as useful for you! Veterans filing a claim or appealing a claim denial for a knee condition should be aware of the various ways that knee conditions can be rated. Department of Veterans Affairs Department of Defense . With marked knee or hip disability. This documentation includes: This evidence can help prove that your knee pain is connected to aggravation during service, which can help support your VA disability claim. In VA disability terms, this is commonly known as a flare-up. If you have been diagnosed with any of these issues as a veteran, immediately go to the doctor! This condition can occur when damaged tendons and cartilage can no longer support the knee joint properly. Who Is Eligible for VA Service-Connected Disability Compensation? The Social Security Disability Insurance Program (SSDI) was developed to assist people, such as yourself, who are disabled due to a diagnosis such as osteoarthritis. However, if VA completes range of motion testing and determines the veteran has good range of motion overall but experiences pain, VA will look to Diagnostic Code 5003 for arthritis. Under the provisions of 38 C.F.R. The most common rating VA assigns for limitation of flexion of the knee is 10 percent, although the highest rating a Veteran can receive is 30 percent. It’s also a leading cause of disability. According to 38 CFR § 3.306, “a preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease”. So, 1 year after the partial or total knee replacement, the VA will look to re-rate your knee … Major joints include the shoulder, wrist, elbow, hip, knee, and ankle while minor joints include toes, fingers, spine, and sacroiliac. According to VA rating policy instructions, ... through the effects of the knee injury on gait, the hip arthritis is exacerbated to a level beyond what would have been had there not been a service-connected knee injury. yet assertive representation for our clients. A medical nexus that connects the current, diagnosed disability to the in-service occurrence, incident, or exposure. Regardless of who is completing the DBQ form, it is important to remember that many knee ratings are based on range of motion measurements, and all range of motion measurements must be performed with a goniometer in order for the VA to accept them. A medical nexus connecting your aggravated knee pain to your military service. Flare-ups are more prominent in musculoskeletal claims and are an important piece of VA disability ratings. I was wondering my condition I have been told the only fix I can do now is osteotomy or full knee replacement if I have either operation would it be bumped up. It is not just about how painful it is or how much it hurts. Left knee arthritis status post gunshot wound surgery (hereinafter referred to as a “left knee disability”); individual unemployability due to service-connected disabilities … She spent some time with a law firm doing consumer bankruptcy work in Texas, but when she moved to Florida she wanted to get back to helping veterans. Once they have finished the C&P exam, they will write a report and send it to the VA claims processor in charge of your case. If you are experiencing an ongoing ankle injury or functional loss of the joint, it can be frustrating if your VA benefits claim is denied or awarded a low rating. As long as veterans have arthritis that is confirmed through X-ray evidence, VA should assign either a 10 or 20 percent disability rating based on the severity of the arthritis and whether it affects one or both of the veteran’s knees. As the knee problem got worse, the Veteran’s VA doctor recommended surgery to stop more damage from happening. Replies. Again, C&P exams for knee pain and conditions will primarily be based on a veteran’s range of motion. VA’s Annual Benefits Report for Fiscal Year 2018, Veterans Affairs Schedule for Rating Disabilities, VA Disability Ratings Higher Than 100 Percent, Veterans (VA) Disability Benefits for Schizophrenia, Sleep Apnea Secondary to Asthma VA Disability Benefits, How to Increase VA Disability Rating from 70% to 100%. Prior Employment: There are many different ways that knee conditions can be evaluated under the Veterans Affairs Schedule for Rating Disabilities. I have good motion with both knees. They are designed to provide information and assist … So, can you get VA disability benefits for knee pain? What if you were diagnosed with knee pain before service? For example, there are ratings available for instability of the knee, limitation of extension, knee replacements, etc. If you have any concerns, do not wait until the results of your exam are submitted to share them. Below is a list of ratings that can potentially be assigned to the same underlying disability: Rating decisions for one disability can be complicated. This website adheres to the W3C’s AA Accessibility guidelines. A 30% left knee rating and a 10% right knee rating equal a 37% combined rating. Finally, C&P examiners should address functional loss due to pain. I can only move me knee so far. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Again, VA’s regulations state that veterans should be afforded a 10 percent rating even if they do not necessarily meet the specific diagnostic code criteria for limited range of motion but can otherwise show they have painful motion. Texas Bar Association Bar Association Memberships: knee and lower leg conditions disability benefits questionnaire . This will ensure your concerns are addressed prior to a final decision. 60. https://www.disability-benefits-help.org/disabling-conditions/knee-disorders The VA awards disability compensation for all Diseases of the Musculoskeletal System that are service-connected.The DoD will also rate service-connected Diseases of the Musculoskeletal System as long as they also make the service member Unfit for Duty.For Reservists, the Diseases of the Musculoskeletal System must have occurred in the Line of Duty to qualify. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 From the outset, it is important to remember that the VA generally is not permitted to pyramid ratings. abnormal stiffening and immobility) of the knee can be assigned a 30, 40, 50, or 60 percent disability rating depending on the limitation of flexion. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. For the purpose of rating disability from arthritis, the knee is considered a major joint. If you’re a Veteran with a 70% disability rating, and you have a spouse, plus 3 dependent children under the age of 18, you would start with the basic rate … The DoD will also rate service-connected conditions as long as they also make the service member Unfit fo r Duty. In 2005, The National Arthritis Data Work Group estimated that 27 million US adults, ages 18 or older, had one or more type of clinical OA, representing more than ten percent of the US adult population . Importantly, the minimum rating for a total knee replacement is 30 percent regardless of how much motion it has. Be sure your documentation includes the date and time the incident happened, any medical attention you received, whether your condition improved or deteriorated following the incident, and how the incident impacted your pain. We value attorney-client relationships, treating each veteran as an individual. Osteoarthritis causes pain and stiffness in the joints for many, many people as they get older (it is sometimes called degenerative arthritis), but few people qualify for disability on account of arthritic pain and stiffness. 3. VA Disability Compensation for Osteoarthritis. This led Anne to our team at Hill & Ponton, where she now practices veterans’ disability law. Florida Bar Association Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 To break the multiple-rating system down, if you have trouble bending your knee, straightening your leg, and your knee gives out on you, then you are entitled to three separate ratings (limitation of flexion, limitation of extension, and instability of the knee). This goes beyond the objective range of motion testing that VA conducts. In fact, a recent VA study found that as many as one-third of U.S. veterans suffer from it. The Surgeon stated that I had severe arthritis and would eventually need a knee … Similar to limitation of flexion of the knee, there are specific range of motion measurements that correspond with each disability evaluation. (If you don’t know what the VA’s code sheet is, you definitely need to talk to a VSO representative or a VA Disability Benefits attorney!)
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