How can I get my VA disability changed?

2018-03-15T12:48:53-04:00

While I was active duty, I injured my right knee on several occasions, nothing huge just pulled ligaments and tendons which healed but still caused pain. When I got out and had my final physical exam for VA benefits I told the doctor about it who rated it not service connected but it is still on my list of disabilities. Since then I occasionally have knee issues with pain that has just gotten worse over the last 15 years, and on occasion my knee has given out completely. It has gotten particularly worse in the last 6 months. I have tried to get my disability changed in the past so I can get a VA Doc to take a look at it but to no avail. Is there any other avenue I can take to get it added to my service connected injuries so I can get my knee fixed?

Response by Capt Dwayne Conyers made Mar 15 at 2018 1:29 PM

2018-03-15T13:29:17-04:00

I just filed a bunch of paperwork for similar issues. Your state VA office can get you started.

Response by TSgt David L. made Mar 15 at 2018 3:07 PM

2018-03-15T15:07:41-04:00

Cpl Tom Surdi There are many VSO that can do it for you. I went through the DAV, but the VFW and Legion both have VSOs as well. They know what to do and how to do it. I wish I had known it before I filed the first time.
Good Luck.

Response by CSM Darieus ZaGara made Mar 15 at 2018 3:44 PM

2018-03-15T15:44:29-04:00

The only way to get your rating and the status of a specific injury changed is to have proof that it was duty related. Particularly since you signed off on your separation physical that it was not duty related. You may not have intended to but your comments above identify that fact. You need to go back in your medical record and find the sick call and subsequent medical determination. If you do not have your records you can get a copy from the personnel archives. You can also reach out to organizations like the DAV, they have supported countless Vets on rating changes. They are far better equipped than I to tell you what your chances are. Thank you for your service.

Response by SGM Bill Frazer made Mar 16 at 2018 3:16 PM

2018-03-16T15:16:06-04:00

If you have your med records, showing treatment of the injury- take them back to the VA and talk to them.

Response by SGT Mark Stevens made Mar 20 at 2018 8:03 PM

2018-03-20T20:03:22-04:00

You should go back to your first decision letter and review WHY they said your knee was not Service connected. It should tell you and what it needs to be service connected. If you no longer have that decision letter contact the VA’s 1-800 line and ask the person who helps you to mail you a copy of your original discussion letter. It will only take a few days. Once you have this go see a VFW, DAV, AMVETS or any other service organization. They will help you for free.

Response by COL Private RallyPoint Member made Mar 20 at 2018 11:58 PM

2018-03-20T23:58:36-04:00

Appeal for an evaluation. Why was it not service related? Look at the paperwork you got. I have been in the service continuously since age 17. They told me my sinusitis was not service related/connected. Wasn’t enough documentation in my medical records. That might be the issue. They didn’t find it in your medical records. I was already at 100% so I didn’t push it.