Question:

I did 3 years in the Army. First duty station was overseas in Korea and then I went to 101st Div. Midway. Through my first tour I started having issues with my right knee and went to sick call. I explained to the Dr. what was going on and he pretty much told me that were wasn't anything he could do since I was overseas. I believe he said it was runner's knee or something to do with patella syndrome.

I have heard from several different people while trying to find out if the issue could be a service connected disability. I am the process of going through having x-rays done and will soon be getting a MRI on my right knee to see exactly what is going on. There is a discussion on trying a gel shot or partial knee replacement surgery. I had issues with this knee in 2007 and took cortisone shots pain pills to deal with it. I also deal with hip bursitis on my left hip.

I read one of your letters to someone and you stated that militarily service didn't cause you to get service connected disability benefits for knee issues. The man was in his 60's and I believe you mentioned it was just old age. I also read that people who don't serve generally get osteoarthritis (OA) in their 60's and those who do serve usually get OA in there 30s, 40s, and 50's; that's a ten year difference. Plus, everyone is different is this situation.

Given all this, could I qualify for disability even though I am being treated for osteoarthritis at the age of 49? Again thank you for your service, and hopefully you can give me some advice on this issue.

Jim's Reply:

That you were Airborne indicates to raters that your joints have taken a beating and if you can provide evidence of continuity of an injury, you're likely to be awarded benefits. Be prepared to show how many jumps, etc.

Establishing a service connection so that you may be eligible for VA disability benefits can be tricky. We'll take that knee of yours as an example. You didn't tell me when you served but you indicate some issues in 2007 so I'll use 2005 as an exit date for you.

If you reported to sick call one time in 2004 with knee pain but had no treatment and no follow-up, that was an acute and transitory event and may or may not be of some help in claiming benefits. You'll need to prove that happened in your medical records. If there is no record of that encounter, you have a problem.

Once you have shown that there was an in-service event you need to establish a continuing pattern of disability. In other words, from that day until now you should have visited doctors and so on because the knee increasingly bothers you.

If you claim that you saw a doctor in Korea in 2004, saw someone in 2007 but don't have much in the way of records since, VA is going to consider whether the aging process is happening rather than an old service injury.

Everyone develops diseases of aging if they're lucky enough. Arthritis, heart disease, obstructive sleep apnea, diabetes...all are conditions that happen with increasing frequency as we age. These conditions happen to civilians and soldiers alike so attributing a 'wear and tear' condition to long ago military service is often wishful thinking.

A pattern of regular treatment from the in-service event onward is the only sure way to prove the connection. Everything else is conjecture and must be proven.