Posted on Feb 16, 2016
My injury in the military was misdiagnosed, do I have any grounds to file a disability claim with the VA?
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I was injured during PT while on active duty. (Tore my lateral meniscus) and was misdiagnosed as a knee sprain. Since then I have had two surgeries on my knee. Do I have any grounds for a claim with the VA?
Posted 9 y ago
Responses: 7
Yes you do have grounds for a claim. Having just been through a medical board, I will tell you with 100% certainty it is the loss of range of motion that will be the compensating factor. Also documentation. There are other miscellaneous diagnosis that can be awarded with that as well. Remember, with extremities it is mostly loss of range of motion, painful scars that is the compensating factor.
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As long as there is decreased range of motion, artheritis neuropathy or any other permanent diagnosis then yes. Just make sure it is documented in your medical record and focus on what happened and how it has progressively gotten worse over the years.
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You should file the claim, ensure you have ALL your medical records, and be prepared to help them connect the docs in terms of relating your current medical status to your initial injury. Going to your doctor now and asking directly if your current condition could be a result of, or have been made more likely to occur, or be more severe now, because of the initial injury could get you more supporting documentation (unless the answer is no - although if it is a civilian doctor this would not likely be in the VA claim file unless you put it there.) If the initial injury occurred while you were on active duty and not AWOL or committing a crime (basically) it is presumed to be in the line of duty. If you were a National Guard or Reservist, they will look for a Line of Duty determination, but if you were in the Regular Army, it is presumed. Even if you were in a reserve component, if you were in Title 10 status, it will probably be presumed (there are ways to correct the lack of an LOD determination if you have military medical records.)
Any disability resulting from an injury which occurred while on active duty is rateable and compensable by the VA. Your issue may be in showing that your current condition is a result of the initial injury. You stated that you were diagnosed with a sprain while on active duty, but that you believe it to have been a torn meniscus. I presume, by your reply to a later comment that is based on what the results of your surgery following your discharge. Even though your surgeon suggested that you had suffered an injury prior to the surgery, based on the scar tissue found during the surgery, there is no way of knowing if that was from the 'sprain' or if it existed prior to service, or if it happened after your service, I would imagine (absent previous scopes). So there is no way of knowing that the diagnosis of a sprain was incorrect. And as for linking your current condition to that event, it is highly unlikely. You state that you tore your ACL in 2015. Your current condition is almost undoubtedly linked to that condition, and that could viewed as totally unrelated to a sprain that was at least eight years previously, with at least one surgery in the interim, but post-service. People tear ACLs all the time - linking it to a sprain years previously is a long stretch. Linking your current condition to your service injury rather than the much more severe ACL tear which occurred post-service is highly unlikely.
However, there is nothing to lose from trying. If they do decide that your knee injury was service related and that any portion of your current condition is related to that injury, even if it is rated at 0% you would still be eligible for treatment at a VA facility, and could apply for upgrades if the condition worsens. See a Veteran's Service Organization (such as the VFW or American Legion) for assistance with filing your VA claim, or you can do it online.
Best of luck.
Any disability resulting from an injury which occurred while on active duty is rateable and compensable by the VA. Your issue may be in showing that your current condition is a result of the initial injury. You stated that you were diagnosed with a sprain while on active duty, but that you believe it to have been a torn meniscus. I presume, by your reply to a later comment that is based on what the results of your surgery following your discharge. Even though your surgeon suggested that you had suffered an injury prior to the surgery, based on the scar tissue found during the surgery, there is no way of knowing if that was from the 'sprain' or if it existed prior to service, or if it happened after your service, I would imagine (absent previous scopes). So there is no way of knowing that the diagnosis of a sprain was incorrect. And as for linking your current condition to that event, it is highly unlikely. You state that you tore your ACL in 2015. Your current condition is almost undoubtedly linked to that condition, and that could viewed as totally unrelated to a sprain that was at least eight years previously, with at least one surgery in the interim, but post-service. People tear ACLs all the time - linking it to a sprain years previously is a long stretch. Linking your current condition to your service injury rather than the much more severe ACL tear which occurred post-service is highly unlikely.
However, there is nothing to lose from trying. If they do decide that your knee injury was service related and that any portion of your current condition is related to that injury, even if it is rated at 0% you would still be eligible for treatment at a VA facility, and could apply for upgrades if the condition worsens. See a Veteran's Service Organization (such as the VFW or American Legion) for assistance with filing your VA claim, or you can do it online.
Best of luck.
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CPL Bill Siggelow
SGM Johnson, thank you for your comment, I just wanted to add the following: when the "Sprain" happened, I had no previous injuries to the knee in question. When the injury occurred (During PT), there was excruciating pain, (1 to 10 scale it was a 10) I nearly blacked out from it, it immediately was swollen, and would not support any weight. After the 800MG Ibuprofen, ace bandage, and crutches for 3 months I could walk on it and even run again, however if I shifted my weight or pivoted on my right leg a certain way it would pop again and I would drop to the ground like a sack of potatoes. This continued after I got off active duty, and while working for my employer at the time, I was carrying a 5 gallon can of Acetone and stepped over a roller track, and it popped out again and down I went. MRI revealed extensive scar tissue around the lateral meniscus, and a new tear. So I was scheduled for a knee scope. They removed the the existing scar tissue, along with the new tear. I was fine after physical therapy, and could walk and run normally. However about 2 years after the surgery I was dancing and it occurred again. Pop and down I went. I would use a cane, wrap the knee, and after about a week I would be ok. This ACL tear could be related to the lateral meniscus tear? If I have continued dislocations because of the lack of meniscus that was removed, would that not attribute to a greater risk of tearing the ACL?
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SGM Robin Johnson
Given what you have related, it is entirely possible you did have a torn meniscus at that time. Hopefully they documented your symptoms as you related them here in your medical records. As I said, take everything to the VA and be prepared to connect the dots for them. Hopefully they will rate your knee injury as service related and give you a disability rating. Where you may still have a disadvantage is in them determining if your current condition is the result of THAT injury. While meniscal tears are often caused in conjunction with torn ACLs, I didn't find any literature (in an admittedly brief and not very in-depth search) showing that a torn meniscus increases the risk of a torn ACL. It will be up to the VA to determine if the current status of your knee is the result of your service connected injury, if it was caused by the ACL tear but they decide the ACL tear was a result of the service connected injury so the current status is still the end result of that initial injury, or if the current status is the result of the ACL tear which they don't believe to be connected to the service connected injury (which is entirely plausible). In any case, it is worth a shot. Best of luck.
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CPO Bill Penrod
Buddy letters will be helpful. Letters from your platoon, medics and doctors. How long have you been out. Good luck...
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