What are people receiving for Disability from the VA for hip issues?

SSG Private RallyPoint Member — Wed, 28 Oct 2020 13:50:02 -0400

Just trying to look ahead and see what I could potentially be looking at when ever I do decide to get out. I am quickly approaching my time on profile limit prior to being issued a permanent profile.

Before anyone asks, “why don’t you take a MEB?”

I can do the 3 repetition max deadlift, the sprint drag carry (with pain) and the 12k bike.

Current range of motion is less than 15 degrees in my right hip.

Response by SP5 Peter Keane made Oct 28 at 2020 2:13 PM

SP5 Peter Keane — Wed, 28 Oct 2020 14:13:21 -0400

That would be addressed in 38CFR DC 5200

Response by SGM Bill Frazer made Oct 28 at 2020 8:28 PM

SGM Bill Frazer — Wed, 28 Oct 2020 20:28:53 -0400

Without a MEB, you will be lucky for up to 30%.

Response by MSG John Duchesneau made Oct 30 at 2020 10:41 AM

MSG John Duchesneau — Fri, 30 Oct 2020 10:41:01 -0400

You can file a claim with the VA for any condition which was caused or made worse by your active duty service. If you file your claim in the 180 to 90 day window before your ETS you can get it processed by the Benefits Delivered at Discharged (BDD) program so your compensation payments start they day after you leave active duty. You have up to one year after your ETS to file a VA compensation claim and your date of eligibility will be the day after your ETS.
Just make sure that everything is documented in your medical records. It would also help if you filed a VA Form 21-4138 where you explain how and why your condition is related to your active service along with dates and places of treatment.

Good luck!

Response by 1SG Private RallyPoint Member made Oct 30 at 2020 4:05 PM

1SG Private RallyPoint Member — Fri, 30 Oct 2020 16:05:50 -0400

Don’t take a MEB as suggested by SGM. Do nothing that could get you medically retired. You want a regular 20 year retirement in order to be able to collect VA disability and Army Retirement Pay. As for you hip the VA minimum rating for painfully motion is 10%. The only way to get above that is a range of motion (ROM) issue. You should look at 38 CFR § 4.71a - Schedule of ratings - musculoskeletal system. Here it is, scroll almost to the bottom.
https://www.law.cornell.edu/cfr/text/38/4.71a
These guys do a good explaining how VA looks at it https://cck-law.com/blog/va-disability-rating-for-hip-pain

They key for you on active duty is go get seen for your knees, hips shoulders etc. before you leave. After doing those leg tucks and you shoulders and neck hurt got to the TMC and get it documented. I have seen a bunch of 10’s get to 100% disability.

38 CFR § 4.71a - Schedule of ratings - musculoskeletal system.

Note: The term “prosthetic replacement” in diagnostic codes 5051 through 5056 means a total replacement of the named joint. However, in DC 5054, “prosthetic replacement” means a total replacement of the head of the femur or of the acetabulum.