Issues with being medically separated ?

SGT Mitch McKinley — Mon, 10 Feb 2014 16:44:30 -0500

In 2004, I was medically separated from the Army due to knee injuries sustained in the line of duty. After my second surgery, I was given a P3 profile, and subsequently sent to the MEB. <div>It was determined that because of the knee issues, I was medically unfit for duty.</div><div>I was separated with a rating of 0%.</div><div>When I went to the VA, I was rated with a 10% disability. I have gone back for follow-ups every year for the past 9 years, and still only have a 10% rating, even though my knee has continued to deteriorate. I will be 41 in March, and I am looking at a complete knee replacement in the fall.</div><div><br></div><div>Anyone else have a similar story or an even better story about you overcame what appears to be a faulty evaluation process? </div>

Response by SFC James Baber made Feb 10 at 2014 7:29 PM

SFC James Baber — Mon, 10 Feb 2014 19:29:41 -0500

<p>I think it is only getting worse with the more claims being filed from the veterans from the OEF/OIF era, and anyone that wasn't given fair ratings the 1st time around are having an even more difficult time getting help and assistance as their appeals are being pushed further to the back burner as the VA tries to show they are processing claims faster than the backlog shows. If they give quick evaluation ratings, they can then claim they are processing faster, and then no one knows about the fact that most of the initial claims are turning into appeals at a much higher rate than the initial claims that was first submitted. At least that has been my personal experience and what I have been informed from friends, colleagues and former Soldiers over the last 4-5 years.</p><p><br></p><p>My current appeal has been in for almost 3 years already and I expect it to continue that way since I have not any contact from a VA representative in almost a year no matter how many messages or letters I have written or left.</p>

Response by SPC Stephanie Oanes made May 13 at 2014 3:39 PM

SPC Stephanie Oanes — Tue, 13 May 2014 15:39:54 -0400

If you do not mind me asking (I am currently in medboard process for back injury), how did you only get rated with 0%?

Response by PO1 Private RallyPoint Member made Jun 12 at 2014 9:40 AM

PO1 Private RallyPoint Member — Thu, 12 Jun 2014 09:40:38 -0400

I may sound like a broken record here - and some of you on this thread may already be doing this - but get yourself an advocate. To do this simply assign one of many Veteran Service Organizations - mine is VFW - to oversee and double check your paperwork as it processes through appeals. The assigned advocate will have authority to look at your submitted paperwork and the VA's commentary before the file goes up for adjudication - if there are glaring errors the advocate will have the authority to speak out on your behalf.

Additionally, find a Veteran Service Officer and sit down with them WITH your entire medical record military and civilian after you got out. Your military medical file can be found via the VA website - I downloaded mine, compared it to what I had copied while on Active duty - turns out I had a few pages the VA did not. Using your military/civilian medical file, see if there are other things that might be compensable through the VA system. There are a whole host of things that might be helpful.

Remember, when appealing the VA's decision - counter their arguments with civilian doctors assessments. If you don't have the money for the experts go back to the Veterans Service Organizations - ask for help.

Ladies/Gents: It's not a perfect system, not by a long shot, but imagine what you'd have if there were no VA system to bitch and compliain and fight? Stay in the fight - leave your ego at the door - ask for help.

Response by SGT Mitch McKinley made Jun 12 at 2014 11:25 AM

SGT Mitch McKinley — Thu, 12 Jun 2014 11:25:50 -0400

The biggest issue I have personally encountered at the VA is this: Each time I have gone in for a re-evaluation/appeal, I am never seen by an orthopedic surgeon. I have always been examined by a PA over in general practice. And he/she typically follows a flow chart in a book to conduct the exam of my knee.
How can a be properly evaluated in such a manner?

Response by MSG John Duchesneau made Jun 20 at 2018 12:34 AM

MSG John Duchesneau — Wed, 20 Jun 2018 00:34:02 -0400

I suggest you talk with an experienced VSO (Veteran Service Officer) who knows how to deal with the VA. The key is documenting how your current condition is related to your military service.

Response by 1SG Private RallyPoint Member made Aug 19 at 2021 10:04 AM

1SG Private RallyPoint Member — Thu, 19 Aug 2021 10:04:34 -0400

I know this is an old thread but will answer for future researchers. A 10% rating for the knee is the minimum rating for pain or a small amount of diminished range of motion. So getting past 10% can only happen if you have a substantial limited range of motion. Does not matter you say it hurts really bad, or the arthritis has gotten worse etc if you can bend it past x degrees then it’s just 10%. If you have a knee replacement then you will get aTemporary 100% for a convalescence period of time. After that convalescence they will permanently rate you down to 30%.

Response by PO2 Russell "Russ" Lincoln made Aug 19 at 2021 11:42 AM

PO2 Russell "Russ" Lincoln — Thu, 19 Aug 2021 11:42:29 -0400

When I was medically from the Navy the VA offered 10% I appealed the dicision. After 3 appeals I and a call to my Congressman I got 40% service conected. With the changes in compensation I now have a combined 50% disability rating. I am also on 3 registrys conected with my service.

Response by CPL Adam Schoenwald made Aug 19 at 2021 3:55 PM

CPL Adam Schoenwald — Thu, 19 Aug 2021 15:55:25 -0400

That is so messed up, but I only got 10 percent for my Knees as well, there is other things messed up with me to get an overall rating of 70 percent. Then one year they lowered me to 60% with just a 5 minute conversation. I have never gone to the VA since as I felt just like a number.

Response by SSG Edward Tilton made Aug 19 at 2021 4:43 PM

SSG Edward Tilton — Thu, 19 Aug 2021 16:43:54 -0400

It is a game they play to screw the troops. The Army put me on disabilty retirement of 30%. The VA wound up giving me 100%. I don't get the 30%anyway but it does povide my wife with Tri CAre and other benefits. I guess that is what the VA if for

Response by SGT David Bower made Sep 3 at 2023 7:22 PM

SGT David Bower — Sun, 03 Sep 2023 19:22:38 -0400

Eagle Rising