Va Disability Knee Secondary To Back
disability secondary wallpaperFor example a veteran with non-service-connected low back problems may also have a service-connected knee problem. VA doctors will prescribe medications and discuss with veterans their side effects but most veterans are unaware that they may be entitled to compensation for these side effects.
Va Disability Benefits For Knee Pain Cck Law
You need to make a claim for each disability ie- low back- Thoracic or Lumbar upper cervical back left or right hip as secondary to your current service connected knee.
Va disability knee secondary to back. If you start your claim now youll have a better chance of attaching other related injuries to your claims like arthritis pain and swelling or a restricted range of motion. Secondary Service Connection for Knee Pain A new disability that appears secondary to a service-connected injury or condition may allow veterans to prove secondary service connection. Filing Is Easy But Winning May Be Harder.
38 CFR 3310b provides that veterans can receive compensation for non-service connected illnesses and injuries that are proximately the result of service connected disease. For example if the veteran was looking to tie a knee problem to a service-connected back condition that knee problem must be diagnosed. If that knee problem causes a limp that makes the back condition worse than it otherwise would have been VA should service-connect the low back aggravation on a secondary basis.
This starts first with medical evidence. Updated 2020 Mar 25. In determining benefits the VA refers to the back as the thoracolumbar spine.
However if you do not have evidence of your back pain and arthritis in service then you definitely need to establish them as secondary if the VA is going to consider them service-connected. If you have a direct service connection for your back condition and have developed any of these conditions or symptoms of these conditions you may be entitled to VA benefits due to secondary disability and are entitled to a VA disability rating for the same. The VA considers upper back pain in the same category as neck pain.
The process can take several years and over the course of time the secondary effects of a knee injury will probably increase. Well it turned out that only one knee was sc but the VA examiner found a disability in the good knee and stated that the dx was due to overwork cause of sc knee damage done in service - result is vet is now sc for both knees at 40. You also have to be smart when you file for VA disability for arthritis because you might get a higher rating if you are rated as overall instead of specific instances in your hands knees shoulder and back.
Importantly back pain can also cause secondary conditions for which service connection may be possible. A veteran cannot submit just symptoms alone. Youll need sufficient medical records and probably a NEXUS letter to do this because if you are unsure the VA will be too.
Federal law 38 USC. How VA Rates Back Pain VA rates back conditions under 38 CFR 471a Schedule of Ratings Musculoskeletal System and the criteria is based largely on a veterans range of motion. Secondary service connection can also be an aggravation of a non-service connected disability that is caused by a service-connected condition or incidence.
Many veterans are taking medications to treat their service connected PTSD or manage the pain for their back ankle and knee conditions. He lucked out but the RO where I submit claims is often quite liberal. In that way the veterans back pain is due to their service-connected knee condition and therefore warrants secondary service connection.
The VA isnt going to let you double-down on anything so you want to make sure you get the best ratings possible for your combination. You can file for all of them at the same time but list them individually. One of the requirements when filing a secondary claim is that the secondary conditions must have a diagnosis.
This is the term used to reference middle or lower back pain. In that way the veterans back pain is due to their service-connected knee condition and therefore warrants secondary service connection. 1 Alexander CE Varacallo M.
1110 permits a veteran to receive compensation for an alcohol abuse or drug abuse disability acquired as secondary to or as a symptom of a veterans service-connected disability although according to the Federal Circuit Court of Appeals it precludes compensation for secondary disabilities such as cirrhosis of. If you do have knee pain from your service you want to start applying for VA disability benefits as soon as possible. Without these outside documents you are significantly decreasing your chance of winning your VA disability for back problems claim.
Apply for VA Disability Benefits for Your Knee Pain Today.