You may be able to receive veterans (VA) disability for knee injuries, but only if you satisfy certain criteria. These criteria include:
- A current medical diagnosis of a knee injury;
- An in-service event, illness, or injury; and
A nexus, or link, between your knee injury and the event, illness, or injury during service
These criteria can be difficult to meet, often leading to a claim denial. Working with a legal team that focuses on VA disability appeals can help you receive the benefits you need. Call the team at Chisholm Chisholm & Kilpatrick LTD to find out more during a free consultation. We look forward to putting our years of successful experiences to work for you: 800-544-9144.
What Is Service Connection?
Service connection refers to a definitive link between your military service and your injury. To prove service connection, we must identify a specific event, injury, or illness during your service, not simply point to your military service in general.
For instance, if you suffered a documented injury in a training exercise or in combat, we can use it to demonstrate a link with your currently diagnosed condition. However, if you do not have any objective evidence of an injury in your military records, it will take more work to establish a service connection.
How Do I Prove My Knee Injury Is Connected to My Service?
There are various ways to prove service connection. For a knee injury, we can establish it through one of the following:
- Direct Service Connection: To prove direct service connection, we must establish that your knee injury is a clear result of an event, injury, or illness that occurred during your service. For example, say you worked as a paratrooper during your military tours. You landed incorrectly during one of your jumps and required a knee replacement. We would consult your service and medical records to establish that link.
- Aggravation of a Preexisting Condition: You can also obtain disability compensation if your military service aggravated a preexisting condition. We would need to consult your medical records for your time before and after service and look for an activity or injury that could have worsened your preexisting knee injury.
- Secondary Service Condition: In some cases, your knee injuries were not the direct result of your service. Sometimes they are a result of another condition caused by your service. For example, if your service-connected spine injury caused you to develop knee injuries, we can establish secondary service connection. We would examine both your service records and medical records to establish a timeline for the development of your spine and knee injuries.
We can also use a professional medical opinion to prove to the VA that your injury resulted from your military service. This involves having your doctor issue a professional opinion that your military service — and, more specifically, an event during that service — caused or contributed to your injury.
How Much Will My Monthly Benefit Be for a Knee Injury?
The VA will assign your knee condition a percentage between 0 and 100, in increments of 10. A higher numerical rating corresponds with what the VA perceives to be a more serious and disabling injury. Your rating depends on various factors, such as:
- The type of injury
- The severity of your diagnosed knee condition
- Your range of motion
- The pain you feel
As of December 2018, the following are the monthly disability benefit amounts:
- 10 percent disability rating: $140.05 per month
- 20 percent disability rating: $276.84 per month
- 30 percent disability rating: $428.83 per month
- 40 percent disability rating: $617.73 per month
- 50 percent disability rating: $879.36 per month
- 60 percent disability rating: $1,113.86 per month
- 70 percent disability rating: $1,403.71 per month
- 80 percent disability rating: $1,631.69 per month
- 90 percent disability rating: $1,833.62 per month
- 100 percent disability rating: $3,057.13 per month
In addition, a rating of 30 percent or higher allows you to receive additional money for certain dependents in your household (e.g., spouse, dependent children, dependent parents).
Why Should I Hire CCK for Help With My Knee Injury Appeal?
While the VA does not require you to hire a lawyer to appeal a benefits denial, working with the legal team at Chisholm Chisholm & Kilpatrick LTD can help your chances of approval.
Our team has worked extensively in the area of VA law on behalf of our clients. We know what it takes to put together a winning appeal, and we want to put our tools, resources, and successful history to work for you.
Because we offer a free consultation, there is no risk in giving us a call to determine if we can assist you. Call today: 800-544-9144.
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