Expert: Cynthia Bedell - 11/13/2008

Question
Ma'am, i am an active duty navy chief petty officer with 18yrs active service. I have been on limited duty twice for both of my knees needing scoped by an orthopedist. Now i have just had a cervical fusion of C-3 to C-7. I have degenaritive joint disease in my knees, degenaritive disc disease in my back. Being on my 3rd Limited Duty and due to retire in 2 yrs. Would it be whom of me now to start my VA paper work for compensation and disability. I also want to ensure that i qualify to recieve the highest disability that i am entitled. Do you have any suggestions in which way i should proceed?

Answer
Dear David --

Make a notarized copy of all your paperwork documenting your medical conditions, so it cannot get lost.  If you have any in-line-of-duty investigations or other proof that your knees were injured in service related activities, get notarized copies of that paperwork too.

Make sure you get copies of the medical reports from both your knee surgeries, and from your cervical spine fusing surgery.  These reports will be in-patient reports from the hospitals where you had the work done.  It will not be in your normal medical records.  All these documents will support your level of disability, when you apply to the VA.

You must be disability rated by your own service before you begin your application for a VA rating.  Generally the service says you are in better condition when you retire than you really are.  Then you apply to the VA to have your rating increased.  If the VA turns down any condition, immediately appeal.  The standard practice of the VA is to turn down all applications in the hopes that most service members will give up.  Don't give up -- appeal the decision.

If you are in very bad condition, you can discuss with your chain of command whether you should be medically retired now.  Generally I only recommend this option, if you cannot continue to do meaningful work for your service.  Your retirement benefit is far better, if you can complete at least your 20 years of service.

Good luck to you, and thank you for your service.