Disability
Disability
Posted on Jan 6, 2016
Is it likely to get a downgrade in VA disability % if you ask for a reassessment due to worsening conditions related to the original one?
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So I have a 20% VA service connected disability, 10% for each knee, ever since I left active duty around 15 years ago. Even with the disability, I was still able to run, although at a much slower rate, shorter distances, and with pain. In the last couple years, the pain has gotten much worse, such that I had to stop running altogether. I've been to the VA ortho folks and have been doing PT on my own, which helps but there is still pain and I can't run. due to the fact that I've had to stop running, I've gained over 20 pounds and my cholesterol is now high, for which I'm taking medication. I'm considering asking the VA for a reassessment, based on the fact that my quality of life in the past couple of years has gone down (higher weight, high cholesterol, can't exercise without pain) due to the knee injury and pain (again, this is service connected). Does anyone know if the VA would entertain such a request for reassessment, what the results for others in this situation have been, and whether a downgrade is possible. Thanks.
Department of Veterans Affairs (VA)
Disability
Disabled Veterans
DAV
Posted >1 y ago
Responses: 18
Suspended Profile
MAJ Frederick Helfrich The VA will not give you a service connection for cholesterol. That is a CFR 38 issue. However, other issues can be related, such as high blood pressure and diabetes due to the weight gain. Similarly if other leg joints or spinal problems are starting, they can be service connected due to secondary condition from the original issue.
As far as the knees go, the VA uses a range of motion measure for the condition itself; as long as your ROM hasn't gotten better, there would be no reason to reduce the rating. Further, the only place they could go on your knees is 0% disabling; not likely to happen.
For any secondary conditions, it is vital that you get a letter from your doctor stating that the secondary condition is just as likely as not caused by weight gain and other limitations from the service connected knee injuries. Also, if there is a pertinent Disability Benefits Questionnaire (DBQ), get that completed by your doctor. You can search for those on the VA forms website.
For any of this, PLEASE go to your DAV or other VSO service officer. Don't do this on your own, or through the VA itself.
If you need more info, contact me off line...
As far as the knees go, the VA uses a range of motion measure for the condition itself; as long as your ROM hasn't gotten better, there would be no reason to reduce the rating. Further, the only place they could go on your knees is 0% disabling; not likely to happen.
For any secondary conditions, it is vital that you get a letter from your doctor stating that the secondary condition is just as likely as not caused by weight gain and other limitations from the service connected knee injuries. Also, if there is a pertinent Disability Benefits Questionnaire (DBQ), get that completed by your doctor. You can search for those on the VA forms website.
For any of this, PLEASE go to your DAV or other VSO service officer. Don't do this on your own, or through the VA itself.
If you need more info, contact me off line...
SPC Nancy Greene
Excellent information MAJ!!! I knew how to complete the paperwork and have secondary conditions rated as a result of original SC condition. Documentation is imperative to prove your case and receive the SC rating. It IS possible,; however time-consuming and lengthy wait for determination!
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File a claim for a re-evaluation. It is rare a disability is reduced but it does happen occasionally. Filing for an increase in disability can only help IMO. Get with a service officer TODAY and file.
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Call me cooky, but with my using common sense, if your conditions are worsening then you should not be downgraded in % after a re-assessment. But then, it is the VA, so one truly never knows.
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SPC Nancy Greene
Logic would suggest an increase, not a downgrade. However; we are referring to the VA! I have learned: If it’s logical, rational, cost-effective,and makes sense; the VA (and the Military) does the opposite!
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