Knee injury, severed ACL.

MC Homer

Registered Member
While on active duty and during command sponsored soft ball game, injured right knee jumping over fence ( heard knee pop, how ever still able to walk). Came out of game limping, and went home. Jumped off home steps (about 2 ft high), felt another pop and hit the ground in a lot of pain. Navy hospital Otho department, X-rayed and schedule orthoscopic surgery. Doctor stated he cleaned up meniscus, however I had severed the ACL. He stated knee was in good shape otherwise, and work fine as long as I did not play football or soccer. After retirement, I had VA disability exam, 2 years later. Told doctor about knee surgery, and he stated right knee check out fine, and did no rate for any disability. Too very good care of knee ( over the counter pain Med for years), until I could not handle pain. Went to my new civilian Orthopedic Dr, and he stated I had bone on bone and tried knee injections, which fail to help. Had to have Total Knee Replacement. Do I have a case to seek disability compensation for total knee replacement?
 

Dodger70

Registered Member
Did you get a VA rating for the initial injury to your knee? If you have a rating even a 0% which means the VA is recognizing the injury as service connected then you could look at getting a VA re-rating based on a worsened condition. If you didn't get a rating for it most likely not much you could do at this point. I'm sure somebody else can chime in if they have any other experiences or aware of another method to make a VA claim. Best of luck!
 

chaplaincharlie

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The knee is SC. It happened while on AD, you have that in your medical records from your Navy Ortho visit. You can file a claim on your knee. If you get your ortho doc to completed the DBQ and provide the paperwork on your visit to Navy ortho your claim should be fully developed.
 

Warrior644

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While on active duty and during command sponsored soft ball game, injured right knee jumping over fence ( heard knee pop, how ever still able to walk). Came out of game limping, and went home. Jumped off home steps (about 2 ft high), felt another pop and hit the ground in a lot of pain. Navy hospital Otho department, X-rayed and schedule orthoscopic surgery. Doctor stated he cleaned up meniscus, however I had severed the ACL. He stated knee was in good shape otherwise, and work fine as long as I did not play football or soccer. After retirement, I had VA disability exam, 2 years later. Told doctor about knee surgery, and he stated right knee check out fine, and did no rate for any disability. Too very good care of knee ( over the counter pain Med for years), until I could not handle pain. Went to my new civilian Orthopedic Dr, and he stated I had bone on bone and tried knee injections, which fail to help. Had to have Total Knee Replacement. Do I have a case to seek disability compensation for total knee replacement?
Welcome to the PEB Forum! :)

Indeed, you can definitely submit a new DoVA disability claim (via eBenefits for faster processing) for your current knee condition at any given point in time; no worries!

Hmm, did you already have the total knee replacement surgery? Or, are you thinking about having the total knee replacement surgery?

As such, I asked the two aforementioned questions because the potential receipt of any DoVA disability compensation for your knee condition (if determined to be military service connected by the DoVA Rating Agency) shall have a direct effect from the knee's current symptomology in accordance with the criteria as annotated in 38 CFR VASRD §4.71a Schedule of ratings—musculoskeletal system, "The Knee and Leg" in https://www.ecfr.gov/cgi-bin/text-idx?SID=da1ccd7d154d387ab02b517c47365daa&mc=true&node=se38.1.4_171a&rgn=div8 at this particular point in time.

To that extent, it's important to note that the DoVA VBA doesn't provide disability compensation solely as a direct result of having a medical surgery or medical procedure completed. The purpose of a medical surgery or medical procedure is to fix or improve the medical condition; therefore, potentially resulting in a non-compensable disability rating (e.g., a 0% rating) which is military service connected by the DoVA Rating Agency.

With that all said, the current symptomology of your knee condition as it aligns with the criteria in 38 CFR VASRD §4.71a Schedule of ratings—musculoskeletal system, "The Knee and Leg" (see URL above) is the important determining factor if an award of a military service connected compensable disability rating (e.g., 10% or greater up to 60%) is given by the DoVA Rating Agency.

If a total knee replacement results in an improved knee medical condition which doesn't support any of the compensable disability ratings in 38 CFR VASRD then a non-compensable 0% disability rating shall likely result and be awarded. Otherwise, if residual medical conditions occurred as a direct result of the total knee replacement then a potential award of additional DoVA disability ratings may also be granted in accordance with the criteria as annotated in 38 CFR VASRD. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

MC Homer

Registered Member
Finally got VA C-file. Right knee was discussed (torn meniscus and severed ACL) an was given a 0 % rating, because was described as stable by VA doctor. Have submitted new disability claim. M y othro surgeron stated only option to relieve pain was total knee replacement,. He also stated in his NEXUS Letter, that failure of VA to recommend reconstruction of ACL, left him with only one option which was knee was total knee replacement. Waiting on board to review
 

chaplaincharlie

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It is odd that a knee in your condition would be considered stable. Did you appeal the 0% rating? You ortho surgeon could complete a DBQ to go with your appeal.
 

MC Homer

Registered Member
It was odd to me also. VA doctor who completed DBQ just stated knee was stable. Dumb me did not push the issue. Shortly after exam had to go overseas for new civilian job, and the knee issues just fell thru crack. Will see if my Otho wii complete a DBQ. Thanks for all the help.
 
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