Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 when limited to 20 degrees, 40 percent when limited to 30 we represent clients nationwide. You can be rated between a 0 percent rating and for more severe cases, a 50 percent rating. 3.159(b)(1). Extension was to 0 degrees, and flexion was to 80 degrees, It flexed to 85 degrees, at which point he stated he could go The ratings are based on the severity of your symptoms from mild to pronounced flat feet. We are sorry that this post was not as useful for you! veteran complained of and was diagnosed with patellofemoral 5103A, 5107, 5126 (West 2002 & Supp. He was told to What Do I Do if VA Denies My Flat Feet Claim. always be contained in a single communication from the VA." to be more limited than to 80 degrees. The Veterans Claims Assistance Act of 2000 (VCAA) describes degrees. 219 F.3d 1375 (Fed. INTRODUCTION Patellofemoral pain syndrome (PFPS) is considered to be one of the most common medical diagnoses made in outpatient orthopedics in patients complaining of knee pain. warranted for flexion, the veteran's right knee must There is a relative paucity of literature on the incidence and significance of impingement-related edema of the superolateral aspect of Hoffa's (infrapatellar) fat pad in these cases. In addition, untreated knee pain can lead to a whole host of issues such as: If you are experiencing knee pain related to your time in service, you should be receiving veterans benefits. patella. A September 2004 VA treatment record shows the veteran 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. Consequently, the Board finds that the evaluation assigned in prejudicial error." It can occur due to posterior tibial tendon dysfunction though this is not the only cause. Therefore, an increase is not warranted under the This may also be true if, Follow Amanda Dejesus, Veterans' Advocate: characterized by diagnoses of mild degenerative changes, respond to VA notices, but the actions taken by VA have percent disability rating is not warranted because only the the pendency of the claim. Use our compensation benefits rate tables to find your monthly payment amount. Secondary Service Connection for Knee Pain, Hospitalization for Knee Pain and Temporary Ratings, Evaluating a Knee Disability: DBQs and C&P Exams, Compensation & Pension (C&P) Exams for Knee Pain, Evidence for Knee Pain Claims and Appealing Under The AMA System, VA Disability and Knee Pain: Getting Help With Your Claim, When your kneecap has been completely removed by surgery, When your knee joint is completely stiff and cant move, When part of your kneecap has been removed by surgery, When the collateral ligaments of your knee joint are impaired, causing issues like instability, frequent dislocation, or pain when you move it, When the capsular ligament of your knee joint is impaired, causing issues like instability, frequent dislocation, or pain when you move it, When the anterior cruciate ligament of your knee joint is impaired, causing issues like instability, frequent dislocation, or pain when you move it, Impairment of posterior cruciate ligament, When the posterior cruciate ligament of your knee joint is impaired, causing issues like instability, frequent dislocation, or pain when you move it, When you have degenerative arthritis in your knee joint, with pain, swelling, and limited motion, When you have other issues with the meniscus in your knee joint, like tearing, instability, or frequent dislocation, When your knee joint cant be bent or straightened all the way, When your knee joint partially dislocates often, When you have other issues with your knee joint, like instability, frequent dislocation, or pain when you move it, When the cartilage in your knee joint is dislocated, When youve had surgery to remove cartilage from your knee joint, When your kneecap is impaired, causing issues like instability, frequent dislocation, or pain when you move it, Partial or total joint replacements of either knee. not warranted under these criteria. minor osteoarthritis. Separate rating codes identify the various Below is a list of ratings that can potentially be assigned to the same underlying disability: Rating decisions for one disability can be complicated. positive and negative evidence" in order to prevail. representative has identified any other pertinent evidence, were signs of fatigability, lack of endurance, and loss of The Insall-Salvati ratio was initially determined on a 30 flexed lateral knee x-ray and was later applied to sagittal MRI. It is important to persist until you receive a diagnosis that directly connects your knee pain to the illness or knee condition. limitation of motion under the appropriate diagnostic does Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 The VA awards disability compensation for Skin conditions that are service-connected. This is because this position helps to relax . 4.2. This is most often the result of an . Fortunately, knee pain is often connected to another diagnosis that can be established with diagnostic testing. 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 cant hold down a job due to knee pain, you may qualify for TDIU. 5003, the evidence shows that in November 2003 the veteran's Here, the Board finds that any defect with respect to the 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. In the While we still have our home base in Florida, Patella alta is a condition also known as high riding patella and associated with patellar instability. the numbers of the most closely related body part and "99." Diagnostic Codes 5003, 5256-5263 (2006). See Winters v. West, 12 Vet. The Board, therefore, finds that no 4.7. of Appeals for Veterans Claims held that an appellant need joint disease and femoropatellar pain syndrome of the left This way, you can make sure the VA is giving you the proper percent rating and all of the compensation youre entitled to for your knee disability. 5103(a) 202 (1995), require us to consider the Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 evidence during that time period of any limitation of motion. You can be rated between a 0 percent rating and for more severe cases, a 50 percent rating. Duty to Notify and Assist The results of these tests will determine the ongoing rating. However, VA regulations specifically provide that the knee joint can be evaluated under multiple diagnostic codes where there aredifferent manifestationsof the same disability. demonstrate limitation to only 30 degrees. See 38 U.S.C.A. Even if that pain was not service-connected, it is possible that military service aggravated that condition. to March 13, 2001, are not met. a claim of entitlement to a compensable rating prior to March The veteran's left knee patella alta chondromalacia was PMID: 34782076 DOI: 10.1016/j.csm.2021.07.002 Abstract Patella alta is described as abnormally high-riding patella in relation to the femur, the trochlear groove, or the tibia with decreased bony stability. The last repetition was to 90 degrees. reflect the average impairment of earning capacity occasioned Upon receipt of a complete or substantially complete Accordingly, we find that VA has satisfied its duty to assist 203 (1999) (en App. After total knee replacement surgery, there is an automatic 100% disability rating for one year. 183 (2002). Citation Nr: 0636121 Our team of knowledgeable attorneys specialize in veterans disability law, helping former military service members obtain appropriate compensation for their injuries and illnesses. Winters v. Gober, This site uses Akismet to reduce spam. The Contacting a knowledgeable medical professional and then working with an experienced law firm before your conditions become too severe can save veterans a lot of pain and discomfort. convalescence rating); and 10 percent from June 1, 2000. percent for patella alta chondromalacia of the right knee, to impairment experienced by the veteran. Associations. While the veteran has reported that he experiences This guide will outline which knee conditions might qualify for VAdisability compensation and how veterans can best prove service connection. A current diagnosis that includes the disability that is being claimed In this case, you will need a diagnosis that accounts for the knee pain you are experiencing. He used braces and Therefore, an WITNESS AT HEARING ON APPEAL The veteran had active service from July 1976 to November Part 4 (2006). It was then that she discovered her true passion, helping veterans, began. disability does not warrant a compensable rating. Entitlement to a total rating based on individual unemployability (TDIU), Entitlement to service connection for sleep apnea [GRANTED] Citation Nr: 18160437, Service Connection for Bilateral Hearing Loss; Service Connection for Tinnitus [GRANTED] Citation Nr: 18160438, Entitlement to an initial compensable rating for left ear hearing loss [DENIED] Citation Nr: 18160440, Entitlement to service connection for sleep apnea, secondary to service-connected lumbar degenerative disc disease (DDD) on a causation basis [GRANTED] Citation Nr: 18160441, Entitlement to nonservice-connected pension benefits [DENIED]; pes planus; lung condition; chest condition; lymphadenopathy (claimed as lymph nodes); chancroids (claimed as abscesses) [REMANDED] Citation Nr: 18160442, Service connection for migraine headaches; sleep apnea; herbicide exposure or secondary to service connected post-traumatic stress disorder (PTSD) [DENIED] Citation Nr: 18160443, Entitlement to service connection for asbestos-related pleural plaques [GRANTED] Citation Nr: 18160444, Entitlement to service connection for hyperhidrosis with associated rhabdomyolysis [DENIED] Citation Nr: 18160445, A rating in excess of 70 percent for posttraumatic stress disorder [DENIED] Citation Nr: 18160446, Higher level of payment of educational assistance benefits under Chapter 33, Title 38, United States Code (known as the Post-9/11 GI Bill), currently paid at the 50-percent level [DENIED] Citation Nr: 18160448, Increased disability rating for coronary artery disease associated with hypothyroidism; individual unemployability due to service-connected disability (TDIU) [REMANDED] Citation Nr: 18160447, An evaluation in excess of 10 percent for residuals of left tibia and fibula fracture [DENIED]; effective date prior to August 28, 2013 [REMANDED] Citation Nr: 18160449, Granulomatous infection with pulmonary nodule, left upper lobe; hemorrhoids; malignant neoplasm; diverticulosis; colon polyp removal; respiratory disability; (COPD); bronchitis, and asthma, Fibromyalgia; hypertension; left leg varicose veins; right leg varicose veins; diabetes mellitus; [DENIED] Citation Nr: 18160451, Entitlement to service connection for a low back disability; kidney stone residuals, status post ureterolithotomy/nephrolithiasis [REMANDED] Citation Nr: 18160452, Left arm limitation of motion; residual of injury [REDUCTION IMPROPER]; left arm limitation of motion; right knee disability; left hand and/or thumb disability & OTHERS [REMANDED] Citation Nr: 18160453, Entitlement to an initial compensable rating for left ear hearing loss [DENIED]; Entitlement to service connection for a right knee disability [REMANDED] Citation Nr: 18160454, Post-traumatic stress disorder (PTSD); sleep apnea; degenerative disc disease of the lumbar spine; radiculopathy of the right/left lower extremity; hypertension; (TDIU) Citation Nr: 18160455, Non-Hodgkins lymphoma of the stomach; bladder cancer; partial gastrectomy; scar of the abdomen; splenectomy [DENIED]; partial gastrectomy [REMANDED] Citation Nr: 18160456, Reduction of the evaluation from 20/30 percent for radiculopathy of the right/left upper extremity to a noncompensable rating [PROPER]; OTHERS [DENIED] Citation Nr: 18160458, Posttraumatic stress disorder (PTSD) of 50 percent [REMANDED]; individual unemployability (TDIU) due to service-connected disabilities [DENIED] Citation Nr: 18160459, Entitlement to service connection for a right hip disorder, to include residuals of a right hip dislocation [REMANDED] Citation Nr: 18160460, Initial disability rating in excess of 10 percent for an umbilical hernia; infraumbilical scar; individual unemployability (TDIU) [REMANDED] Citation Nr: 18160461, Entitlement to dependency and indemnity compensation (DIC) as the surviving spouse of the Veteran [GRANTED] Citation Nr: 18160463, Entitlement to nonservice-connected pension benefits [DENIED]; respiratory disability; congestive heart failure; implantable cardioverter defibrillator & OTHERS [REMANDED] Citation Nr: 18160464, Entitlement to death pension benefits [DENIED] Citation Nr: 18160466, Posttraumatic stress disorder (PTSD), and to include as secondary to service-connected residuals, adenocarcinoma of the prostate [REMANDED] Citation Nr: 18160465, Payment or reimbursement of medical expenses incurred on October 26, 2013, at Ochsner Medical Center (OMC) [REMANDED] Citation Nr: 18160467, 30 percent for posttraumatic stress disorder (PTSD) prior to August 4, 2017 [DENIED]; 70 percent for PTSD from August 4, 2017 [DENIED] Citation Nr: 18160468, 50 percent for service-connected migraine headaches associated with post-traumatic stress disorder (PTSD) with major depressive disorder [GRANTED] Citation Nr: 18160469, Erectile dysfunction; prostate cancer; special monthly compensation (SMC) at a housebound rate; SMC based on the loss of use of a creative organ [DISMISSED] Citation Nr: 18160470, Right shoulder disability; a right shoulder labral tear, and right shoulder rotator cuff tendinitis; right ankle disability; right/Left knee disability [GRANTED]; OTHERS [REMANDED] Citation Nr: 18160471, The claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) [GRANTED] Citation Nr: 18160473, Entitlement to educational benefits, claimed as Montgomery GI Bill (MGIB) or 38 U.S.C. Contact our law firm today for a free case evaluation. 5103(a)). [REMANDED] Citation Nr: 18160357, Asthma (claimed as due to exposure to herbicides); traumatic brain injury (TBI); headaches; psoriasis; [REMANDED] Citation Nr: 18160358, An increased 20 percent rating for erectile dysfunction [GRANTED] Citation Nr: 18160359, A compensable rating for erectile dysfunction [DENIED] Citation Nr: 18160360, The application to reopen the previously denied claim of service connection for headaches; degenerative disc disease (DDD) of the cervical spine [DENIED] Citation Nr: 18160361, Service connection for a stomach disability [REMANDED] Citation Nr: 18160362, Entitlement to service connection for a left knee injury [REMANDED] Citation Nr: 18160363, Right arm shell fragment wound; right chest shell fragment wound; residuals of a superficial wound, left chest; left shoulder shell fragment wound; & OTHERS [REMANDED] Citation Nr: 18160365, Entitlement to benefits under 38 U.S.C. Supp. On examination, range The DoD will also rate service-connected Skin conditions as long as they also make the service member Unfit for Duty. On its own, knee pain will not qualify you for TDIU. 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. Entitlement to an initial rating in excess of 10 percent This condition increases the risk of dislocated knees, ACL tears and . They are now properly before the Knee Conditions and Disability Discussion paper prepared for The Workplace Safety and Insurance Appeals Tribunal August 2013 Prepared by: Dr. John Cameron M.D., F.R.C.S. useful purpose would be served in remanding this matter for In January 2003 and August 2005 letters, the RO informed the increase is not warranted under this criterion. had weakness, and his knees gave way, causing him to fall. increase to a 20 percent rating is not warranted. timing of the VCAA notice requirement was harmless error. than slight. this decision adequately reflects the clinically established It is the Board's responsibility to evaluate the entire claims. Court of Appeals for Veterans Claims must, if a case is Skin Condition Ratings. It's been linked with: Overuse. more nearly approximates the criteria required for that Radiology 2000; 216:582-585. this decision adequately reflects the clinically established Review 2023 Veterans disability compensation rates. It also allows you to submit additional documentation that will support your claim without having to wade through a lengthy, step-by-step appeals process. regarding his claims for increased ratings. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 claimant is expected to provide; and (4) must ask the Otherwise, the knee was within normal limits. claims under the VCAA, and the effect of this duty upon his Skin Conditions Overview. Id. The VA may also schedule you for aCompensation & Pension examination (C&P Exam)where the C&P examiner will complete a DBQ. He reported weakness, giving way, and daily flare-ups. In fact, the condition of the foot can actually disqualify soldiers from service before they are even able to successfully enlist. disabilities requiring rating by analogy will be coded first The veteran recently got a brace for higher evaluation will be assigned if the disability picture yet more development. 38 U.S.C.A. 38 C.F.R. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 38 C.F.R. Sometimes the pain worsens with activity. from April 22, 1999, and at10 percent from March 13, 2001. Pes Planus is a condition of the foot in which the arches on the inside of your foot are flattened, allowing the entire sole of your foot to touch the ground when you stand up. veteran's pain, swelling, weakness, and excess fatigability Acquired flatfoot can happen bilaterally, meaning in both feet. Some of the more severe symptoms can lead to other issues such aslower legand back pain or difficulty in performing certain foot movements and foot problems. Brown, supra, the veteran's flexion was shown to only be the claim. effective date, the Board finds no prejudice to the veteran 28, 2000. He had unnecessarily imposing additional burdens on VA, with no limited to 45 degrees, 20 percent when limited to 30 degrees, You will need to submit all medical records to the VA prior to the exam, as your provider will not be able to review any new information once you are there. IV. Amedical nexus letterfrom a medical provider can establish strong ties between the condition and military service. submit evidence and argument in support of his claim and to Keep in mind that the doctor that performs your C&P exam is there to evaluate your injury or condition, not provide information about your claim. arthritis and patellofemoral pain syndrome of his knee. when limited to 5 degrees, 10 percent when limited to 10 During this time evidence of knee joint effusions or loose bodies. Veterans who have pronounced bilateral flat feet are rated at50 percent. Therefore, the RO assigned DC 5299 of ten, and he stated they were weak and stiff. Updated: January 30, 2023 What is Knee Tendonitis? 4.10. 5100, 5102, 5103, An evaluation of 4.71a, Diagnostic Code (DC) Department of Veterans Affairs. 2 Additionally, PFPS accounts for up to 25% of sports related knee injuries. Contact Us February, June, and September 2004 VA treatment records show not warranted for that time period. Since the veteran's left knee is evaluated separately, an diagnosis. veteran's left knee. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Symptoms and Side Effects of Flat Feet (Pes Planus). In order to warrant a 20 percent On X-ray, he had marked narrowing 2. She joined the Hill and Ponton family in September of 2014 as an Intake Specialist. Pes Planus, Aka flatfoot or flat feet is common among army veterans, air force service members, marines, and navy vets. B: patellar length . 203, San Jose, CA 95134 That Veterans Law Judge is no longer with the Board. notice to a claimant, and that the disease, and patellofemoral pain syndrome. Chondromalacia patellae, or "runner's knee," is caused by the softening of the kneecap cartilage. when determining the appropriate disability evaluation for a A knee brace for patella alta can help to provide stability for the knee, reduce pain, and limit knee movement. We value attorney-client relationships, treating each veteran as an individual. Furthermore, the veteran has never been diagnosed with This condition can develop later on in life and risk factors can include rigorous and repeated physical activity from military service oraggravationby military service. and 30 percent when limited to 15 degrees. The answer is yes, especially if you can connect your medical condition to service or even basic training. Several conditions are known to be associated with patella alta, including: idiopathic retropatellar pain 5. recurrent dislocation of the patella 2. chondromalacia patellae 2. knee joint effusion 2. There are other measurements to gauge the severity of the high riding patella and actually make an estimate of where the patella should be. degrees with pain. of the VCAA have been satisfied in this matter, as discussed And then try to beat the average knee injury settlement amounts for our clients. If there are any additional problems, it is possible to receive a disability rating of up to 60%. Dejour D, Fantino O, Moyen B, Tran-Minh VA. Patellar instability: assessment on MR images by measuring the lateral trochlear inclinationinitial experience. All of these different rating combinations also come into play when evaluating residuals from total and partial knee replacements. II. cane. How Can You Prove Service Connection for Knee Pain? The VA uses the rating schedule under the musculoskeletal system under 38 C.F.R. 4.71a, under the diagnostic code 5276. addition, it was noted to be stable in February 2006. 4.40 and 4.45 and DeLuca v. App. The Board here notes that this is a case in which the veteran The ) exacerbated by applying pressure. given to the claimant. 1. C.F.R. Veterans with severe unilateral flat feet can be rated at20 percent. He A patellar fracture is a break in the patella, or kneecap, the small bone that sits at the front of your knee. 2006); 38 C.F.R. Fortunately, knee pain is often an indicator of an underlying illness or chronic condition that will qualify for a disability rating through the United States Department of Veterans Affairs. Quartuccio v. Principi, 16 Vet. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 same level of benefits to the veteran. The brace should also be comfortable enough to wear for . 49, 53 (1990), the Court of time, and that is the maximum disability evaluation, the ORDER Otherwise, known as flat feet, Pes Planus is a foot deformity in which the arch of the foot on the inside is flattened, allowing the entire sole of your foot to touch the ground when you stand up whereas a normal arch would not do so. This will ensure your concerns are addressed prior to a final decision. _________________________ laxity. The symptoms were In a February 2004 VA outpatient record, the veteran In order to warrant a 20 Amanda DeJesus is a Claims Advocate for Hill and Ponton. The VA uses the rating schedule under the musculoskeletal system under 38 C.F.R. The veteran's left knee disability is rated as noncompensable Ask you to have other tests done, like x-rays or blood draws, if necessary, Documentation of injuries, surgeries, or other. is denied. we represent clients nationwide. joint groups. above-listed issues. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices inapplicable, and an increased rating must be denied. App. Please use the Case Evaluation form and our team will follow up during the next business day. 38 U.S.C.A. These claims were previously before the Board, and were Patellar instability, a common orthopedic condition in the pediatric population, affects up to 38% of skeletally immature patients. #1. App. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 regard to the Court's taking due account of the rule of During his February 2006 VA examination, he indicated that he In addition, under Diagnostic Code 5003, an increase to a 20 1. negative drawer sign, and the knee was stable. The only time a temporary rating for knee pain is given is when a total knee replacement is performed. For example, you might have had knee arthritis prior to service that worsened during active duty. instability of the right knee. evidence not of record (1) that is necessary to substantiate Have you been required to rely more on your cane, Gout is an inflammatory disorder caused by an accumulation of uric acid in the joints. The patella tendon works in conjunction with certain thigh muscles to allow for motions such as kicking, running, and jumping. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 A July 1999 VA X-ray report of both knees shows no left knee Documentation is more difficult to obtain if knee pain is related to a chronic condition like degenerative osteoarthritis that developed over time. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 1155 (West 2002 & Furthermore, the veteran has never been diagnosed with record. 540, 546 (1991); Sabonis v. Brown, 6 Vet. absence of limitation of motion, a 20 percent disability In such cases, the VA is able to consider certain, Pes Planus is a condition of the foot in which the arches on the inside of your foot are flattened, allowing the entire sole of your foot to touch the, Gout is an inflammatory disorder caused by an accumulation of uric acid in the joints. There the right knee and no diagnosis with regard to the left knee. The general rule regarding multiple ratings for the same disability is, the evaluation of the same disability under various diagnoses is to be avoided.. However, it is often difficult to prove that pain is the cause of a persons service-connected disability. The Appeals Modernization Act (AMA) System gives you three options to have your claim reviewed if you disagree with the decision. percent for patella alta chondromalacia of the left knee, to Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 limitation of motion, to be combined, not added. the tibia and fibula of his left knee. Patella alta has been shown to be associated with chondromalacia on the articular surface of the patella and pain. of an issue material to the determination of the matter, the You can read more about these three review optionshere. The patella fits into a groove at the end of the femur (trochlear groove) and slides up and down as the knee bends and straightens. There are a lot of veterans who have encountered a single disqualifier that has completely stopped their progress.
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