Knee Issues and Your Veterans Disability Claim
I often like to write about the unique cases we see at the law firm. Some of my favorite memories of helping Veterans pertains to very specific conditions. Sometimes we must work hard to prove that a Vietnam Veteran was exposed to Agent Orange, or we must go the extra mile to show how a Veteran who was not in combat has a stressor related to their time in service. Those cases stick out because they aren’t very common, and we usually learn a lot from those favorable decisions. Though those cases really peak our interests, it’s the more common cases that we see the most, and that impact the highest number of Veterans. One such condition involves disabilities impacting the knees. So, let’s talk about your knee conditions in more detail today.
If I oversaw the VA, and hopefully someday I will be, I would automatically grant all Veterans service connection on their knees. Unfortunately, I am not in charge of the VA, and knee conditions are sometimes difficult to prove. Some may wonder why I think most Veterans should get granted service connection on their knees. It’s quite simple. If you served, take a moment to think about all the abuse your knees went through while you were in service. All Vets must go through PT, ruck marches, and a lot of physical work every day. Further, a lot of MOS’s are very physical. It’s hard to think of many occupations in the military that aren’t physical. The most common ones we encounter are mechanics, infantrymen, Calvary Scouts, truck driver and so on. All of those are very physical. Most of the Veterans I’ve talked to with MOS’s like these have moderate to severe knee issues when they leave the military. Then you have Veterans who have MOS’s associated with jumping from a plane. Veterans who have a parachutist badge, or those who are Rangers, Airborne, and so on, are among the most likely to have knee issues. If you’ve even completed one Jump from a plane with a landing that is less than ideal, then it’s very likely that you’ll have a knee condition.
While it may seem simple for Veterans with the previously mentioned backgrounds in service to get granted for their knees, the opposite is true. Knee conditions are difficult to get service connected. It’s not a black and white issue, though, there are several reasons why a Veterans may struggle to get service connected for their knees.
One of the biggest reasons that Vets have issues getting service connected for their knees involves a lack of treatment in service. This isn’t specific to knee conditions, though, it’s a problem across the board. However, with knee issues, many Vets will simply purchase an OTC knee brace, or treat with Motrin. They don’t seek specific care for their knees in service, and thus establishing service connecting for the condition is difficult. It’s not a deal-breaker, though. For many of our clients, we argue that your MOS or length of service contributed to your knee condition. We also use buddy statements. So, if a fellow Vet witnessed your injury, he or she may be able to write a statement to help you get connected.
Another import thing to remember is to get treatment on your knees after you’re discharged. The will deny your claim if you don’t have current treatment.
While treatment is a big issue, it’s not the only thing that makes service connecting for knees difficult. A more complex issue arises when we look at how the VA evaluates knee conditions. Your pain is not paramount when a medical professional evaluates you for your knees. Knee conditions are based on a range of motion, not pain. In other words, you may be in a lot of pain, but if you can flex your knee so far in either direction, your’ likely to get denied. Most Veterans aren’t aware of this when they travel to their C&P exam.
Traditionally, a knee is rated at 0%, 10%, or 20%. On the other hand, some Vets can get rated at 30% for each knee. This is traditionally the result of a Veterans needing knee replacements. It’s rare for younger Veterans to be given knee replacements, mainly because doctors advise against it for individuals under a certain age. One of the main reasons for this involves the amount of pains associated with knee replacement surgery. Overall, the only way to get rated above 20% on a knee is to have a replacement. Granted, there are always exceptions to the rule, but this is the norm.
Some Veterans, who have issues with their knees, also have issues with falling or instability. It’s important to note that this condition is rated separately from a knee condition. Once again, most Veterans aren’t aware that they can file this claim separately from their knees. Let’s be clear, though, not every Veteran who has a knee condition will also have issues with instability. Also, just because you’ve been granted on a knee issue, it does not mean the VA will grant you on instability quickly. You will have to prove that separately.
The most important thing I want you to know if you’re a Veteran reading this blog is to get treatment on your knees if you have pain in one or both knees. If you believe your pain is a result of your time in service, call us. We’d be happy to talk to you about your condition and give you a free case evaluation. Our toll-free number is 1-877-526-3457. If you would rather have us give you a call later, fill out this form, and we’ll call you at a more convenient time.