Vas Functional Loss Rule
VA should also evaluate functional loss when rating a veterans knee condition. Functional loss refers to how the condition affects the veterans ability to function in daily life.
This test considers factors such as pain, how severe the condition is during flare-ups, and how frequently flare-ups occur. Even if a veteran has full range of motion, if they are in so much pain that they cannot function, then this should be accounted for in their disability rating.
How To Use Lay Evidence For Knee Pain
Lay evidence includes statements from veterans, veterans friends and family members, and fellow service members.
Veterans can use lay statements to outline the onset and progression of their knee condition. They can also describe its severity and how it affects daily life. Lay evidence can be very helpful when a veteran lacks certain medical evidence.
When Knee Replacement Surgery Is Unsuccessful
Most people under 55 or 60 recover from knee replacement surgery sufficiently enough to go back to work within a year . But there are cases where the surgery wasn’t successful and the patient was left with a knee that is still painful or still doesn’t function well. Most patients with chronic knee problems who go through surgery do benefit from reduced symptoms, but sometimes the improvement isn’t enough to return to work.
Other times, complications from knee surgery prevent a person from working. Difficulties following total or partial knee replacement surgery can include chronic pain, loss of range of motion, locking/clicking, stiffness, and reduced mobility. These problems can be caused by infection in the joint, a defective prosthetic joint, or loosening of the bond attaching the implant to the bone. Often these types of complications require a second surgery, called a “revision,” which can add many months to the time off work.
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How To Apply For Disability For Joint Pain
If you’re applying for Social Security disability insurance , you can file your entire claim online on Social Security’s website. If you’re not comfortable filling out forms online, you can call Social Security at 800-772-1213 to start your claim.
If you don’t have enough work credits, and you have low income, you can apply for SSI. Most individuals filing for SSI only cannot file the whole application online, but they can get started on Social Security’s website. For more information, see our article on applying for Social Security disability benefits.
If you’d like help with your application, consider working with an SSDI expert. According to a survey of our readers, applicants who filed an initial application without expert help were denied 80% of the time. Click for a free case evaluation with a legal professional to determine whether your knee replacement complications are severe enough to qualify for benefits.
How To Prove Secondary Service Connection
In accordance with 38 CFR § 3.310 disabilities that are proximately due to, or aggravated by, service-connected disease or injury, a current disability condition, which is proximately due to or the result of a service-connected disease or injury shall be service connected.
Service connection on a secondary basis requires a showing of causation.
A showing of causation requires that the secondary disability claim be shown to be proximately due to or aggravated by another service-connected disability.
There are three evidentiary elements that must be satisfied for VA secondary conditions to Knee Pain to prove service connection under the law:
The first part can be satisfied with any existing medical evidence in service treatment records, VA medical records, or any private medical records.
The second part can be satisfied with a veterans existing service-connected disability rated at 0 percent or higher, which in this case, is Knee Pain.
The third part, and often the missing link needed to establish secondary service connection, can be satisfied with a credible Medical Nexus Letter from a qualified medical provider.
Heres the brutal truth fellow veterans
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Gerd And Ibs Secondary To Knee Pain
At first glance, you might be wondering how Gastroesophageal Reflux Disease and Irritable Bowel Syndrome can be connected secondary to Knee Pain.
Heres the deal fellow veterans: If you take over-the-counter or prescription medications to manage symptoms of your service connected conditions, youre eligible for secondary service connection if those medications cause or make other conditions worse.
For example, you might be taking Non-Steroidal Anti-Inflammatory Drugs to manage symptoms of your service connected Knee Pain.
Common side effects of long-term use of NSAIDsinclude GERD and IBS, and thus, you can be service connected for GERD secondary to Knee Pain or IBS secondary to Knee Pain.
If You Have Been Denied Disability For A Knee Replacement You May Still Qualify For Benefits Contact An Experienced Ss Disability Lawyer At 512
Over 4.5 million Americans are living with a knee that has been replaced.
90% of knee replacements result in the patient experiencing significantly less pain. While knee replacement is a very common and usually successful procedure, 7.5% of patients experience some sort of complication within 90 days of surgery. Generally, these complications are addressed successfully, but some patients experience severe infections, injury to the ligaments or angulation of knee. In these extremely rare cases, the patient may have mobility issues and difficultly sitting or standing for long periods of time.
Osteoarthritis is the typical cause for knee replacement surgery.
Osteoarthritis is degenerative joint disease where the cartilage around the joints breaks down leading to joint damage and pain. It is a natural effect of aging, but is accelerated by obesity, repetitive or traumatic injury, poor diet, genetics, and tobacco use. Long distance runners may also face an increased risk of osteoarthritis. While studies are still inclusive, it is often said that todays runners are tomorrows cyclists due to joint stress. While the vast majority of knee replacements are for osteoarthritis, occasionally knee replacements are needed for injury, knee deformities, a torn ligament , or knee misalignment. Additionally, a rare condition called avascular necrosis can cause the bone to soften and disintegrate into the joint causing the need for a knee replacement.
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Two: Consult The Blue Book And Retrieve Test Results To Demonstrate Your Disability
When the SSA looks over applications, they consider an applicants functionality as well as their official diagnosis. Because knee replacements are rather common, it is important for the government to know why your situation is serious enough to require monthly benefits. To ensure this, they compare every applicants diagnosis to the Blue Book, a list of all SSA-approved disabilities.
Knee replacements can qualify under two different listings in the Blue Book: Major dysfunction of a joint or Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint.
- Major dysfunction of a joint : To qualify here, applicants must demonstrate continued pain or abnormality of their knee joint and an inability to continue living effectively because of this. Applicants may also qualify here before receiving knee surgery, if they should decide to wait or seek alternative treatment.
- Reconstructive surgery or surgical arthrodesis of a major weight-bearing joint: To qualify here, applicants must show that they are unable to ambulate effectively due to their knee replacement. This means that applicants must have severe difficulty with walking or sustaining pace, as well as initiating, sustaining, or completing activities. If it is shown that the applicants condition will not greatly improve within a year, then it is very possible to receive benefits.
What Do You Need To Prove There Are No Jobs You Could Do
In order to prove there are no jobs you could do, you need medical documentation from your doctors of all of your medical conditions. This means you need to make an effort to get regular treatment to document your condition over time. Further, it is helpful to get statements from your doctors on how your medical condition limits your ability to work. This can include a letter from the doctor or simply having your doctor fill out a questionnaire on your condition. Doctors often do not comment on your ability to work in their office notes because theyre focused on treating you rather than commenting on your ability work. It helps to ask your doctors opinion on your ability to work. Our firm often gives our clients questionnaires to take to treating physicians to document your symptoms and how they would limit your ability to work. We have developed questionnaires over time that ask the questions we have found are helpful in proving your case.
It can be overwhelming to try to prove that you are disabled. You have to collect medical records and submit them to social security and you have to get opinions from doctors that prove your inability to work. We can help you get all this information and improve your chances of getting social security disability benefits. If you would like help proving you are entitled to social security disability due to your torn meniscus, feel free to call us for help.
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Top 5 Va Secondary Conditions To Knee Pain
Today Im explaining the Top 5 VA Secondary Conditions to Knee Pain for disability benefits utilizing the legal and medical requirements for secondary service connection.
This is the ultimate guide for veterans searching for secondary conditions to Knee Pain.
According to the 2019-2020 Veterans Benefits Administration report to congress, Limitation of Flexion of the Knee was the #2 most claimed VA disability for new compensation recipients with 98,492 veterans service connected.
In addition, Limitation of Flexion of the Knee was the #3 was common claimed and service connected disability for all veterans with 1,313,305 veterans service connected.
While the average VA Rating for Knee Pain is 10% making it a low-value VA claim, did you know there are five OTHER commonly linked disability claims that can be medically linked through causation or aggravation and claimed secondary to your service-connected Knee Pain?
In our experience, many veterans dont even realize they qualify for a variety of additional VA disability benefits due to their current service connected Knee Pain.
Why?
Because veterans arent medical experts , and yet, VA disability claims depend almost entirely upon MEDICAL EVIDENCE!
Understanding The Ssas Disability Eligibility Requirements
Before our social security disability lawyers can go over the Social Security Administrations eligibility criteria for knee problems, its important to talk about the basic requirements which apply to all claimants. Regardless of the condition youre citing on your claim, all applicants should meet these general criteria for SSI and/or SSDI :
- Your disability must be deemed severe, which means you cannot work. If you can easily suppress and control your condition with medication, physical therapy, or other means of treatment, you will be not be considered impaired from the SSAs perspective.
- Your disability must be long-term, which means it must have lasted or be expected to last for 12 consecutive months, or be expected to end in death.
- You must not be earning too much income. For SSDI applicants, that means no more than $1,070 per month for 2014, or $1,090 per month beginning in 2015. For SSI applicants, while the income limit matches the 2014 Federal Benefit Rate of $721, not all income is actually counted toward that threshold, which makes the number slightly misleading. The FBR will increase to $733 in 2015.
- SSDI claimants need to have earned enough work credits for their age, while all SSI claimants must have limited income and resources.
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What Types Of Hip Problems Might Qualify For A Disability Award
The majority of hip disorders are relatively minor, and individuals who are affected by them typically face a quick recovery. While they may present discomfort, the Social Security Administration considers most hip disorders temporary or manageable. For example, individuals who have chronic pain due to osteoarthritis of the hip can often manage the pain through physical therapy and pain medication.
However, in some instances, the hip condition deteriorates, and the discomfort becomes so severe that the person affected loses the ability to function normally. Individuals with a chronic hip condition may face pain, limping, inability to bear weight, referred pain to other joints such as the knee, and reduced range of motion. Some hip conditions that may cause long-term problems include osteoarthritis of the hip, rheumatoid arthritis, and some hip fractures.
Plantar Fasciitis Secondary To Knee Pain
Plantar Fasciitis is one of the most common causes of heel pain in veterans and can be proximately due to or aggravated by service connected Knee Pain.
Plantar Fasciitis involves inflammation of the thick band of tissue that runs across the bottom of your foot and connects your heel bone to your toes .
Many veterans have or develop Plantar Fasciitis and common signs and symptoms include:
- Heel pain
- Painful motion
- Tenderness
- Swelling
You may get some relief by icing, taking pain medications, wearing a brace, heal inserts in shoes, night splints, and in extreme cases, cortisone shots directly into the affected area.
Plantar Fasciitis is a VA disability that is linked secondary to Knee Pain and can be rated at 10%, 20%, or 30%, depending upon unilateral versus bilateral and the severity of your symptoms.
With actual loss of use of the foot, rate at 40%.
If a veteran has been recommended for surgical intervention, but is not a surgical candidate, evaluate under the 20% or 30% criteria, whichever is applicable
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One: Determine How Much Your Knee Replacement Limits You
Knee replacements can cause multiple problems before and after surgery. However, disability benefits are reserved for people who are considered totally and permanently disabled. The Social Security Administration defines this as a severe mental or physical affliction that will either a) last longer than one year, or b) result in death.
While this sounds extreme, it is still possible for knee replacement patients to receive benefits. Before we take a look at the specific medical requirements, we must first look at how your knee replacement hinders you in your daily life.
For example: most able-bodied people rely on their legs every day. After a knee replacement, big tasks like commuting or working can become too tricky without the reliable use of their legs. For people with active jobs like construction or landscaping, it can be impossible to return to work or work from home post-surgery. Even small tasks like cooking food, going to the bathroom, or cleaning the home may become difficult.
The more your knee replacement hinders you in your working and daily life, the more likely you are to receive disability benefits.
Did Va Deny Your Claim For Knee Pain Cck Is Here To Help
If VA denied your disability claim for knee pain, Chisholm Chisholm & Kilpatrick LTD may be able to help.
The experienced veterans advocates at CCK have worked extensively on behalf of veteran clients for years. We know what it takes to put together a winning appeal, and we may be able to put our tools, resources, and successful history to work for you.
Reach out today for a free consultation.
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Disability Tax Credit For Arthritis And Walking Impairments
Arthritis is commonly thought of as a singular disorder, though the term is an umbrella description used to encompass over 100 different conditions associated with joint pain. Arthritic conditions affect over 4.6 million adults in Canada each year, and the condition can vary from minor joint pain to permanently disability. Many who suffer from conditions under the umbrella of arthritis often qualify for Disability Tax Credit for Arthritis, a form of assistance from the Canadian government.
FIND OUT IF YOU ARE ELIGIBLE TORECEIVE THE DISABILITY TAX CREDIT!
Qualifying With Arthritis Using A Medical
In some cases, an applicant might be able to qualify for Social Security disability benefits using a medical-vocational allowance. The medical-vocational allowance comes into play when someone files for Social Security disability benefits with a condition that doesnt completely prevent him or her from working, but it does have the potential to limit the ability to work.
Some of the considerations used to determine whether a medical-vocational allowance is appropriate include residual function capacity , age, education and past work experience.
The Social Security Administration evaluates claims based on an applicants extertional and nonexertional limitations and whether they prevent the applicant from completing his or her job.
Your residual function capacity is the maximum amount of work that you are able to perform as a result of your condition as determined by the SSA. Each persons RFC is different and this is what makes your medical documentation so important.
- Nonexertional demands of work include mental ability, posture and balance, use of hands , visual, ability to communicate orally and aurally, and environmental.
- Exertional demands of work include movements, including walking, standing, sitting, lifting, carrying, pushing and pulling.
When it comes to receiving Social Security disability benefits, making sure that you have the proper medical documentation is the most important.
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How The Ssa Determines Disability With Arthritis
In the case of arthritis, you must receive medical treatment for at least three months before the SSA will make a determination regarding the extent and severity of your condition and whether or not it qualifies you for Social Security Disability benefits.
No matter where you develop arthritis, whether in your hands, feet, knees or back, if you have medical evidence to support your claim, you may be eligible for disability benefits. You will also need to meet financial requirements to qualify for disability benefits.
Follow the steps below to find out if you qualify for Social Security disability benefits due to your arthritis.