( upbeat music) – Hi and welcome back to Hill& Ponton’s VA Disability Blog. I’m Natalia Jofre, the company’s COO. – And I’m Attorney Rachel Cheek. – And we’re gonna be takingtoday about orthopedic gashes. So, your VA claims andorthopedic traumata. Rachel, some ex-servicemen wantto know, “How do I qualify for disability benefitsfor orthopedic provisions? ” – Okay. So, the standard formula mostly, for getting service connected, is you need a current diagnosis, youneed in-service injury or occurrence or incurrence.Basically showing thatsomething happened in service to stimulate this mode. And you need a Nexus which joins the current condition andthe in-service incident. – Okay. What if they already had, and we see this all the time, what if they had orthopedicconditions before assistance, can hey still get interests? – Yes you can. – Okay. – Now, this is a little more difficult. This deals with whatwe call “aggravation.” So, this is something, it’s obviously much simpler if you go into service perfectly healthy and you come out and you’vegot a back milieu. Okay, well, it has clearlyoccurred in service. Whereas if you went intoservice with a back statu, you come out, it’s even worse, then you have to showthat being in the service, something in the service either happened to aggravate that situation, or rise its progression, beyond what it normally would be.Even if it’s a condition that would have gotten worse eventually, if you can show that, “Okay, well, it got worse because I was face-lift guysover my intelligence or…”( laughters) – Right, right. – Carrying 50 -pound bags of gear, then in that case, you can getservice-connection, as well. – Okay. What does the VA look at, when it comes to orthopedic maladies? So, can you utter us some examples of, I predict, symptomology oranything else that they consider? – Sure. So, orthopedic conditionsis a jolly wide umbrella. So that’s anything— Yeah. – That deals with themusculoskeletal system. I’ll probably primarily talkabout the bones, the braces, because that’s what we do experience more, however do, of course, see muscle injuries, muscle sprain, that kind of thing, as well.So it depends on the condition. A large-hearted one, big one for orthopedicconditions, is assortment of motion. And so that’s somethingwhere if you have, say, a neck problem or a back situation and you’re not able to movewith a full range of gesture, the VA will look at how far you can bend, how far you can rotatecertain parts of your figure, whatever is affected, and the rating criteria forthose types of conditions are based on, basically, compas of action. For other conditions they may measure for muscleconditions, for example, they may measure atrophy, mostly showing that you don’t have use of this certain muscles and so much so, that itactually has atrophied and it appears to be weaker and not as full as like ahealthy muscle would look.You would also learn things like sorenes. I know that we’ve talkedbefore about arthritis which would also be consideredan orthopedic predicament. And we talked about the 10% ruler which, essentially, if you havepainful movement of a joint, but even if you don’thave limitation of motion, if you say you have pain and you do, that’s something that nobody can contest, if that’s happening. You can be rated for 10% basedupon only that unpleasant gesture because, of course, even perhaps if you havethe full range of motion, technically you can do this, that impacts yourability to do daily tasks if every time you move past acertain extent, you have pain.That is disabling, to a limited extent. – Right. Okay. What are common body partsaffected by orthopedic hurt? So, what would you say, thecommon injury for someone? – I would say, a great deal oftimes I learn knee necessities. So, either degenerativearthritis of the knees or patellofemoral illnes, um– – That voices illusion. What is that? – Right? That’s a great question.( Natalia chuckles) It’s essentially something, it feigns the room thatyour kneecaps recently move and stimulate hurting, can causelimitation of motion. Also, let’s see, for back, I realise a great deal ofdegenerative disk infection. I’m trying to go throughmuscles in my front, now. – Yeah. – Sometimes even things like shinsplints, I’ve seen a lot. You ponder with the amount of activity, the physical set thatyou’ve got to go through, especially during youryounger, more active years in the army, a lot of people can getshinsplints from that.And you can be service-connected for that. – Are amputations considered– – Mm-hmm.- Orthopedic? – Okay.- Yes. Thankfully, I don’t wanna say those aren’t common, I don’t come across those a great deal, I mean, those are very serious, but, yes, that is consideredorthopedic condition. And once you run into amputation you can start to look atspecial monthly-compensation, which I know we’ve done afew videos about, me and you. – Yes.( chuckles) – Basically, anything that affects the loss of use of one ofyour wings or feet or paws, that’s something that wouldbe considered by the VA to be even above and beyond normal service-connected disability. Tells see– – What about crackings? I sounds a good deal about people having ruptures and then they don’t heal properly or they develop arthritis over time.Can something like thateven be service-connected? – Absolutely. Well, as I was justmentioning about shinsplints, that’s technically kind of a faulting. – Oh, yeah, yeah, yeah. – Or, yes, any type of, I symbolize it doesn’t have to be in your shin, it can be anywhere. Either you have a fracturethat doesn’t soothe properly and you continue to haveproblems with it down the line, extremely, if you can show that that was incurred during service and you can have the Nexus showing that your current condition now stemsfrom that phenomenon in service.- Yeah. – That’s something weservice-connected, as well. – Okay. What about secondary connect? Can you get any secondary joining for orthopedic injuries? – Absolutely. I’ll give you a couple of common ones. – Okay. – So, first is feeling. I see this all the timewith orthopedic gashes. We gotta think about it, if say, you got a backcondition or a leg statu, something that you’renot able to get out, you’re not able to perhaps beas active as you formerly were, you have difficulty doing daily tasks, that clearly would maybe leadyou to be a little depressed and think about the thingsthat you can no longer do or just the restrictions that it movements. So, you can’t be as active, you can’t be as participatoryin your own life, as you might like to.That can lead to depression and I have seen that service-connected, secondary to an orthopedic trauma. Now, another one I can think of is … So, again, orthopedicis muscles and bones. So, something I investigate a lot would be a veteran who maybe get in acar accident during service and get cervical straining, whiplash– – Yeah. Mm-hmm. – From the car accident, inducing neck sting andissues with your neck. Well, a great deal of time, well I don’t know a lot of times, sometimes, if you’ve got that neck strain injury, that can lead to headaches. So it can start towardsthe back of your neck and slowly kind of take over. – Yes. – And that’s something that, I intend, headaches in of themselves can be absolutely incapacitating, if that’s all you have, but “if youre having” that ontop of other conditions, that’s really something that you need to call to the attention of the VA and make sure to get that checked out because those can besecondarily connected, as well. – It’s interesting that you say that because I know that lots of era beings don’t realize after an accident that these conditions that they’re having are related to that accident.And like we’ve discussed before, while in busines, it doesn’t have to be, “Well, I was descending a ladder and then I fell while I wasworking and injured myself.” It could’ve been an accidentthat you were having driving dwelling from cornerstone or whatever. Right? – Sorry, I had it. – I participated it. I met the moment of, “Yes! “( chortles) – Yes. We have a case in which aveteran, he was injured, he was during his active-duty service and it was during football, playing a football game. It was during his active-duty service, it doesn’t matter whatexactly he was doing, as long as it wasn’t willfulmisconduct and nothing illegal , good-for-nothing against the standard rules.( chuckles) – She’s an attorney, folks. She always likes to give thedisclaimer.( shrieks vigorously) – I have to.- That’s true, that’s true. – Have to let you know.( Natalia giggles) Yeah. But, yeah, as long as it happened during that period of serviceand you can show that, yeah– – Yeah.- No problem.- That’s great. Can you get 100% VA disabilitydue to orthopedic gashes? And, I predict along those same routes, TDIU? I learned earlier today that you can only get1 0% max for tinnitus. So, is there any kind of cap like that for orthopedic traumata? What can you tell us about those ratings? – So, it depends on the gash. The rating planned, some necessities exclusively go upto a certain percentage. So, for example, I intend, I merely talked aboutheadaches, that’s not orthopedic but, I intend, I can tell youthat simply goes up to 50%, that’s the max you can get.- Okay. – So, there’s other conditions. I intend, think about it, you have a thumb condition, say, you can be rated for that but that disability compensation, that’s not gonna go ashigh as if you have, say, a cervix trauma or a back injury. But, yes. So, you can get up to a 100% with orthopedic traumata because, I imply, a lot of times, we were using car coincidences as two examples. If you have incurred aninjury, you’re in an accident or “youre in”, yeah, the event of accidents or you had somethinghappen to during service where it’s common for morethan one seam or person segment to be affected in that.So, say you’re in a car accident, your back is injured, your neck is injured, maybe you’ve got the posttraumaticheadaches subsequentlies, depending on the severityof your surroundings, those ratings can add up to 100%. And even if they don’t, TDIU is absolutelysomething that you can get for orthopedic provisions as long as you converge the criteria which is that you need to have a rating of either a singlecondition of at least 70% or if you have a, I’m sorry, if you have acombined rating of at least 70% or a single precondition of at least 60% — – Oh, okay.- And are able to work. – Mm-hmm. – Then, TDIU may be an option for you. – Okay, enormous. So that’s a lot of good bulletin there in terms of what you couldpotentially qualify for. – Absolutely. – Okay, immense. Well, this was super supportive. Thank you, Rachel. – You’re very welcome. – Thanks for affiliating us. If you have any questions, delight feel free to stay ourwebsite or bawl our bureau, otherwise, we hope you’lljoin us again in the future.( tightening motif ).