Getting Veterans (VA) Disability for Orthopedic Injuries

CCK Law: Our Vital Role in Veterans Law

Veterans often suffer from injuries long after they have completed their service to our country. Orthopedic injuries can be especially difficult to manage as they can impact every part of your life. The veterans advocates at Chisholm Chisholm & Kilpatrick represent veterans suffering with many types of orthopedic injuries during every part of the VA disability benefits process.

Do I Qualify for Disability Benefits for My Orthopedic Injury?

To qualify for benefits, a veteran must be able to establish service connection by providing VA with three things:

• An in-service event or injury
• A current diagnosis of an orthopedic injury or condition
• A nexus between the in-service event and your diagnosis

You might also qualify if you can prove that your service aggravated an existing condition.

To prove that your injuries constitute a disability, you need to prove to the Department of Veterans Affairs (VA) that you have suffered functional loss in one or more of the following areas through a series of medical exams:

• Weakness
• Atrophy
• Limitation of motion
• Deformity
• Pain

Watch CCK Founding Partner Robert Chisholm and Partner Christian McTarnaghan explain what veterans should know about pursuing a VA rating for their orthopedic condition:

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How Can I Receive VA Benefits for an Orthopedic Injury?

The first thing a veteran needs to do is submit an application for benefits using VA Form 21-526EZ. Your application should include:

• Separation papers or discharge papers indicating that you left the military in good standing
• Service treatment records
• Any medical documentation available, including doctor and hospital reports detailing your condition, treatment, and prognosis

Once VA has received your application, it will determine whether your injuries occurred as a result of your service. If so, it will then assign a rating to your service-related disabilities based on how severe your disabilities are and how much they impact your daily life.

VA lists the ratings, which range from 0 to 100 percent, in its Schedule of Rating Disabilities (VASRD). Ratings directly impact how much you will receive in monthly disability compensation. This amount is updated annually in accordance with the cost of living.

Here are some of the most common body parts affected by orthopedic injuries and how a veteran might establish the severity of their disability:

• Joints (e.g., shoulders, elbows, hip, knee, ankle) — If you have a joint condition, it is important to establish limitation of range of motion with measurements and show that it greatly reduces function and interferes with your everyday life.
• Muscles — VA ranks muscle injuries from mild to severe. Muscle injuries can be penetrating (e.g., gunshot or shell fragment wound) or non-penetrating (e.g., muscle tear). X-rays will show debris present in the muscle, atrophy, tears, and other serious damages to the muscle.
• Bone fractures — The severity of a broken bone depends on the force that caused the break. Open fractures are particularly severe, as they can cause the bone fragments to penetrate the skin. In some cases, broken bones can cause infections or nerve damage, causing additional complications. Providing medical reports will help establish the severity and impact of the break.
• Spine — Lower back injuries are some of the most common injuries among veterans. Spine injuries can be difficult to rate, but generally, range of motion measurements will establish limitations of motion. Abnormal spine contour, muscle spasms, and pain with movement can all affect VA ratings.
• Amputation — The rating for a service-related amputation will depend on whether the amputation was complete or partial, what part of the body required amputation, and any complications arising from the amputation.

It is very important that the medical examinations provided to VA are complete and include general, orthopedic, surgical, and neurological exams, as well as special examinations relating to the condition. Failure to provide thorough medical reports may cause VA to doubt the severity of your orthopedic injuries and deny any benefits you may be entitled to.

Can Veterans Qualify for an Orthopedic VA Rating as a Secondary Condition?

Yes, depending on the circumstances. Orthopedic conditions often cause a secondary disability or injury. For example, if a veteran injured their knee in service and develops arthritis as a result, VA might consider the arthritis as service-connected secondary to the primary service-connected condition (the knee injury).

Learn More and Contact CCK for Help With Your VA Appeal