Disability benefit is tied to service related injury

Hello Jim,

I have a question for you. I have a 30% rating on my right knee. Just over a year ago I had my left hip replaced. The surgery went well, etc. My question is this….can I increase my disability rating because of the fact that I am still having much limitation in my mobility and also that the surgical area always seems like it is sore. To put it another way…although my original pain is gone, now I have a new pain and my mobility is very limited. I know this isn’t much information but I can’t find on the internet an answer to my question. I am almost 63 years old and served from 1968 to 1974 in the USAF. Thanks for any advice or comments.

Reply:

You ask, "can I increase my disability rating because of the fact that I am still having much limitation in my mobility and also that the surgical area always seems like it is sore?"

Probably not. From what I read in your message, you left hip isn't service connected and so it isn't rated. That it causes you some problems isn't associated with the service connected disability of the right knee.

There are many advocates who would argue that the mobility problems of the service connected right knee do have an adverse effect on the surgical left hip and so the left hip should be service connected under an aggravation sort of nexus. I think that's a very long reach and I wouldn't suggest filing a claim that way unless you have some solid evidence that such a scenario is the case. That evidence would be a nexus letter from a qualified physician that stated clearly that the hip problem is more likely than not aggravated by the knee problem.

If you can get a doctor to write such a statement, then you may have a case.

If the knee condition has simply gotten worse, no matter the cause, you should go ahead and file for an increase. However, if I were you, I wouldn't try to connect that to the hip condition. If the knee is measurably worse, for any reason or no reason at all, then you are eligible for an increase.

Please read http://www.vawatchdog.org/how-to-increase-an-existing-benefit--.html for some tips about how to file for an increase in an existing condition.