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Osteoarthritis in right knee

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MarineSSgt

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I recently found out that I have "Mild Tri-compartmental Osteoarthritis with a small joint effusion" in my right knee and I have "Quadriceps insertional enthesopathy is present". Having been 3 years retired from the Marine Corps I KNOW that this had to be attributed from running and running long distance (minimum 3 miles) consistently for 20 years and "humping" 20-30 miles with 60-70 packs on those days that called for it every time we went to the "field"???

I don't think that I have anything in my medical records that could relate to having any problems in my right knee. My question is that because osteoarthritis does not happen overnight... Can I file a claim and service connect this condition to military service???

Any information will help me in trying to claim this from the VA.

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Never say never, but here is your dilemma. In order to get service connected you need either a presumptive condition, which osteoarthritis is not a presumptive condition.Or, you need the following: A service related event or condition, a bridge from that service related event or condition to a current diagnosis that is severe enough to be determined to be disabling. So, if you can get a private doctor to fill out a disability benefits questionnaire  VA FORM 21-0960M-9 then you might have a shot. It would be very helpful if the doctor inserted remarks that stated he believes the condition is directly related to your military service. Even then I wouldn't be surprised if it was denied. As you stated the osteoarthritis is mild. Mild is usually not considered disabling, but all they can say is no. 

One other unrelated point, but one worth mentioning. You cannot receive compensation pay and retirement pay at the same time. For example, let's say you get $1100 a month in retirement pay, and $200 a month in compensation. Then you get $900 a month in retirement pay and $200 a month in comp for a total of $1100. The benefit being the $200 is tax free. Now, if you can get the $200 comp as CRDP or CRSC then you could get both the retirement pay and the comp at the same time for a total of $1300 a month.

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"Presumptive" condtions is only ONE of the methods to get service connection.  There are also, direct, secondary, and caused by VA such as an 1151 claim.  What you need is:

1.  A current diagnosis of Osteoarthritis.

It sounds like you got that one. 

2.  An inservice event or aggaravation.  You probably have this, too, but proving it may be difficult if its not documented.  

3.  Nexus, or medical link between 1 and 2 above.  The doc needs to state something close to your osteo arthritis is "at least as likely as not" due to (xx event in service, such as much marching, heavy backpacks, long hikes jumping out of airplanes, etc).  

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