How Can a Veteran Get Disability Benefits for Gout?

Posted by Berry Law on April 22, 2024 in Arthritis

Is Gout a VA disability claim? Veterans may be eligible for Department of Veterans Affairs (VA) disability benefits for gout if its origin can be connected to military service. Benefits also may be available if gout emerges because of a service-connected disability or medication related to a service-connected disability.

Qualifying gout as a VA disability allows Veterans to access the support and resources they need to cope with their health challenges and maintain a decent quality of life. However, the emotional toll of navigating the complexities of the VA disability system can pile on with the physical discomfort and limitations imposed by the condition.

Recognizing the potential eligibility of gout as a VA disability is not just a matter of bureaucratic classification; it represents a lifeline for Veterans grappling with the daily impact of the condition. It signifies acknowledgment and validation of their struggles, offering avenues for financial assistance, healthcare coverage, and other essential services.

What is Gout and How are Veterans Affected?

Gout is a form of inflammatory arthritis and is characterized by intense pain. It manifests as sudden and severe joint pain, swelling, and redness, primarily affecting the big toe. While traditionally associated with lifestyle factors such as diet and alcohol consumption, it’s increasingly recognized as a condition with diverse causes, including genetic predispositions and medical conditions like hypertension.

Gout is prevalent among Veterans and many face challenges in managing its debilitating symptoms. According to the Centers for Disease Control and Prevention (CDC), U.S. Veterans experience higher rates of diagnosed arthritis, including gout, than nonveterans.

The CDC noted that approximately one-third of U.S. Veterans reported diagnosed arthritis during a five-year survey period. Among men aged 18-44 years, the arthritis prevalence among Veterans was double that among nonveterans, and among women aged 18-44 years, the arthritis prevalence among Veterans was 60% higher than among nonveterans.

Chronic Disease and Service Connection

Arthritis is considered a chronic disease under Title 38, Code of Federal Regulation, 3.309(a). The VA says Veterans who have certain chronic (long-lasting) conditions that started within one year after discharge from active military service may be eligible for VA disability compensation.

Veterans may be eligible for disability compensation if they meet three requirements. All of these must be true:

1. The Veteran has an illness or condition that’s at least 10% disabling that appears within one year after discharge.
2. The illness or condition is listed in Title 38, Code of Federal Regulation, 3.309(a)
3. The Veteran did not receive a dishonorable discharge.

Guidelines for Classifying Gout as a VA Disability

Whether or not gout qualifies as a VA disability hinges on whether gout is originated or worsened due to military service, or if it resulted from a service-connected disability or medication.

The VA’s guidelines for disability ratings, including those for gout and other forms of arthritis, can be found in the Schedule for Rating Disabilities (VASRD). This document outlines the criteria used by the VA to assign disability ratings based on the severity of a Veteran’s condition.

These guidelines and regulations provide criteria for assessing gout’s eligibility as a disability. Factors such as medical evidence, including diagnosis, treatment history, and documented symptoms, play a crucial role.

It’s a good idea to talk to a lawyer experienced in handling VA disability benefits claims. They will advocate for Veterans in their quest to secure a disability rating.

Establishing a Service Connection for Gout

Veterans must gather comprehensive medical documentation and evidence to support their claims effectively. By adhering to VA protocols and providing compelling evidence, Veterans increase their chances of receiving disability benefits for gout.

VA regulations outline the need for establishing a nexus between the gout diagnosis and military service. This entails showing a link between the condition and specific incidents, exposures, or injuries/illnesses during military service.

Gout can develop or worsen due to various factors encountered during military duty, such as exposure to certain environmental hazards, dietary changes, or physical stressors.

Gout can also manifest as a secondary condition resulting from or exacerbated by a service-connected disability or medication. Gout as a secondary condition presents unique challenges in establishing service connection, as it requires demonstrating a causal OR aggravative relationship between the primary service-connected disability or medication and the development or exacerbation of gout.

Strategies for documenting gout-related conditions during military service include:

• Medical Records Review: Reviewing medical records from military service to provide valuable insights into the onset and progression of gout symptoms. Documented instances of joint pain, inflammation, or related medical treatments during service can serve as evidence supporting the development of gout.
• Buddy Statements: Statements from fellow service members who witnessed or can attest to the Veteran’s gout-related symptoms during military service can bolster the claim for service connection. Buddy statements provide additional credibility and corroboration of the Veteran’s experiences.
• Exposure History: If gout is suspected to have resulted from exposure to specific environmental hazards or dietary factors during military service, providing detailed information about these exposures can strengthen the case for service connection. This may include records of deployments, occupational exposures, or dietary restrictions imposed during service.
• Medical Opinion: Obtaining a medical opinion from a qualified healthcare provider linking the Veteran’s gout condition to their military service or a service-connected disability is essential.

A thorough medical evaluation and assessment of the Veteran’s medical history can help establish the necessary nexus, or connection, between the gout condition and military service. A physician can provide a nexus letter attesting to the fact that a disability was “at least as likely as not” caused by a Veteran’s service.

Medical Evidence Needed to Support a Disability Claim for Gout

To support a claim for gout as a VA disability, various types of medical evidence is necessary. Evidence should demonstrate the presence, severity, and impact of the condition on the Veteran’s health and daily functioning. This evidence should include:

• A formal diagnosis
• Documentation of treatment
• Detailed records symptoms such as joint swelling, redness, and limited mobility.
• Evidence of functional impact due to the condition. May include assessments of mobility, dexterity, and overall physical functioning.

Comprehensive and well-documented medical records provide necessary evidence to support the Veteran’s claim, and help to establish the presence and severity of the condition. Additionally, thorough documentation enhances the credibility of the claim and increases the likelihood of a favorable outcome in the VA disability evaluation process.

Veterans should actively collaborate with their healthcare providers to ensure that all relevant medical information is accurately documented and submitted as part of their VA disability claim for gout.

VA Disability Ratings for Gout

The maximum VA disability rating a Veteran can receive for gout is 100% in the most severe cases. However, it is common for Veterans to receive a lower rating. The VA determines evaluations  for gout based on the severity and number of flare-ups experienced per year. 

Typically, a Veteran can expect to receive a rating of:

• 20% – If flare-ups occur once or twice a year.
• 40% – If flare-ups occur three or more flare-ups per year.
• 60% – If flare-ups occur four or more times a year, or if there is documented weight loss and anemia.
• 100% – With constitutional manifestations associated with active joint involvement, resulting in total incapacitation.

Contact Berry Law to Help With a VA Disability Claim

Veterans grappling with the complexities of securing VA disability benefits for gout can find valuable assistance and support by reaching out to Berry Law. With a team of fellow Veterans who intimately understand the unique challenges and struggles faced by those who have served, Berry Law is dedicated to advocating for the rights and interests of Veterans. Our lawyers bring firsthand experience and insight into the VA disability claims process, offering compassionate guidance and expert representation every step of the way.

We can help with initiating a new claim for gout-related VA disability benefits or appealing a claim that was denied. We can also help with an appeal to increase a Veteran’s disability rating for additional compensation. Our team possesses the legal knowledge, dedication, and commitment to ensure that Veterans receive the benefits and resources they rightfully deserve.

By entrusting gout VA disability claims to Berry Law, Veterans can rest assured that they are in capable hands. Call our legal team at 888-883-2483 or fill out our online contact form. We represent Veterans in all 50 states and our legal team is available 24/7.