Jim,
I currently have a 20% for my right knee that was injured in basic in 1969.I had knee surgery a couple of months later. My knee never felt stable after that.Over the years my knee has gotten progressively worse,as well as my back problems which now include herniated disc, narrowed joints,and arthritis. The orthos now say I need a knee replacement as I am now bone on bone patella.I also have issues with the left knee which locks and has arthritis. Two years ago I was diagnosed with R tarsal tunnel,and had release surgery.I also have the beginning in the left foot as well.
On top of everything else, in 1980, I had a horrific motorclycle accident.I had a compound fracture of the right ankle,and fractured my right heel bone as well.My podiatrist tells me the arthritis in my heel,as well as my unstable knee could be the cause of the major instability in my gait,which he has measured as 30% static and 40% when striding. He says that my knee could have aggravated the heel fracture and the two combined caused the tarsal tunnel, as well as the left knee issues My osteopath says that I might have sustained a fracture of the vertabra in my neck that went undiagnosed at the time of my accident.I have had tention/migranes stemming from this injury for a number of years that likely as not were aggavated my right leg issues.
I have filed a claim for unemployability, and they tell me that they are close to sending it over for a decision.I am trying to get as many medical reports as possible from all of my new doctors.I also have been awarded social security diability for these same issues. The VA already has all the medicals from them.
I have (talked with an IME doctor) and he says he can help me.My question to you is should I retain a lawyer for this when I file the appeal,which I'm sure I will have to, or can some one like you help me? I could use any advise you could give me.
Reply:
You face many issues. Number one of which is that you don't understand the process of just how all this works. I'll spend a bit of time explaining it to you and then I'll hand you some homework. I want vets to learn the system for themselves rather then me telling them all the details.
You aren't eligible for the TDIU benefit if all you have is a 20% service connected rating. To qualify for IU you must already have at least a 60% single rating or a 70% combo of ratings with at least one of those being 40%. There are some rare instances when a lower rating may make one eligible but I don't see any opportunity there for you. See https://www.vawatchdog.org/tdiu-unemployability.html
Beyond that you had a 1980 event that VA will blame your current problems on. To alleviate that you will have to have medical records that date from 1969 to 1980 showing a steady progression of knee, back and hip problems. Those records must confirm that you made frequent visits to qualified physicians seeking treatment such as physical therapy and so on. Unless you have those confirming records you don't have much to support an allegation of progression of the condition.
You quote a podiatrist and the statement of a podiatrist won't carry any weight for diagnosing much. The VA will want to see you being evaluated consistently by an orthopedic surgeon over the years. When VA examines you for C & P you can bet they'll have an opinion by someone who in their eyes is more qualified to do disability evals than a podiatrist.
That IMR doctor will cost a lot of money. He does a good report and all that but if you don't have the foundation of the claim laid, it won't help you at all.
VA and SSA use entirely different methods to rate you. When VA looks at you, they only see service connected conditions. SSA sees all conditions.
Most lawyers won't talk with you unless and until you have a denial in hand. Once that happens you are then able to talk with and possibly retain a lawyer. However, unless I've missed something like a rating that makes you eligible for the IU benefit, I don't know that anyone would take your case because you'll continue to be denied until you meet eligibility requirements.