It was Thursday night, four days before the re-examination physical. I was reading the disability grade classification table for the fourth time. The section concerning the knee, specifically the knee joint, is less than a page in length. However, while reading that single page four times, I underlined three different sentences.
The problem was that what was written in that table wasn't 'it hurts,' but 'how many degrees.'
## The Temperature Difference Between Two Notification Letters
The client was first met five weeks prior. The person who applied for a consultation by phone came in on a Tuesday afternoon, and had already sent two documents via email before the meeting. The review was about halfway done.
The two documents had the same sender and were two months apart.
The first document was the result of a merit review by the Ministry of Veterans Affairs. In summary, it states that the applicant's injury has a recognized significant causal relationship with education and training during military service, and is eligible for the meritorious veteran requirements. They said they took a picture of it and posted it to the family chat room. It was a sentence received after twenty years.
The second document was a notification of a physical examination result. The sentence was much shorter. It stated that the grade was not determined because it did not meet the disability rating criteria.
They said they initially didn't understand these two documents. What does it mean to be recognized and then have no grade? They didn't even know exactly what would disappear if there was no grade. They learned about things like compensation, medical support, acquisition tax exemptions, and children's tuition support, which are mostly designed based on the grade, only after receiving the second notification and calling the Ministry of Veterans Affairs.
The government uses different doors for recognition and evaluation. Few people know that.
## A Forklift and Two Children
A brief story about the person is needed to understand the flow.
The client is a man in his mid-forties. He was discharged from the military as a sergeant about twenty years ago, and suffered a severe knee injury during a nighttime training exercise. He had surgery at a military hospital, and endured pain throughout his promotions. After discharge, he went to the hospital, but at some point, he chose to just live with it. He thought everyone lived like that.
A few years ago, his condition worsened and he underwent a partial knee replacement. The pain was definitely reduced after surgery. However, the angle at which the knee bends has decreased, and he feels weak in his legs when he stands for a long time.
His current occupation is a forklift operator at a logistics center. He said it's bearable because it's a seated job, but the problem is when he has to get off and walk during unloading. The company had already transferred him once from the nighttime unloading shift to the daytime receiving shift.
He has two children, a third-year middle school student and a sixth-grade elementary school student. His mother is in a nursing home, and the cost is shared between him and his brother. This was also the reason he decided to apply for registration late. When asked why he applied now after twenty years, he replied that his eldest child would go to college in three years.
This answer explains the timeline of the case. For him, this was a matter of honor as well as money, and the two were placed on the same document.
## A Single Diagnostic Certificate Issued Alone
The client didn't come to our office doing nothing. Quite the opposite.
When he called the Ministry of Veterans Affairs after receiving the second notification, the officer gave accurate guidance. It was that if there was a disagreement with the result, he could apply for a re-examination physical. He wrote down the application method on the spot and went to his regular orthopedic clinic to get another diagnostic certificate. The diagnostic certificate stated: condition after left knee partial replacement, chronic pain and walking disability, and need for continued treatment.
He attached this single diagnostic certificate and applied for a re-examination, and the result was the same. Disability rating criteria not met.
He said he got angry at this point. Why doesn't it work when the doctor wrote that he's in pain? It's a understandable reaction. And this reaction was precisely the cause of the first failure.
Coming to prepare for a second re-examination was the beginning of our relationship. The first hurdle is always the same: checking if there is remaining time. Fortunately, there was some leeway.
## Requirements and Grades Use Different Doors
Most of the time spent in the first consultation was not reviewing documents, but rather re-establishing direction.
Looking at the pile of materials the client brought for the second time, most of them were from twenty years ago. A statement summarizing the situation during training, contact information for fellow squad members, and notes on where to obtain materials to confirm that he had surgery at a military hospital.
Those materials were excellent. However, they were materials for a battle that had already ended.
## What Was Already Recognized
It was already established that the requirements had been recognized. The state had officially documented that this injury was due to military service. However, they were attempting to re-prove that statement. The point of contention in the review was misaligned.
The "Law on Welfare and Support for Meritorious Public Service Personnel" and its subsidiary regulations separate the determination of eligibility requirements and the assignment of disability grades into different procedures. Eligibility requirements consider the past cause-and-effect relationship. Disability grades consider the current physical condition. Passing the first hurdle doesn't open the door to the second.
Therefore, we had to completely change the nature of the documents we were preparing this time. It wasn't about twenty years ago, but about the current condition of this knee and translating that into the language used in the disability grade table.
I also mentioned at the time that accurate articles and interpretations require verification from the National Law Information Center (law.go.kr) or the relevant authority. This is because the way we read the table isn't always the same as the way it's applied in the review.
## What the Medical Certificate Didn't Say
I reread the medical certificate they submitted. I noticed the problem on the third reading.
There were no numbers in that medical certificate.
While it stated "chronic pain," pain isn't an item in the disability grade table. It stated "walking disability," but the degree of impairment was missing. It stated "post-artificial joint partial replacement," but the side of the joint, the type of implant, and the remaining function were not specified.
The disability grade table is structured with angles and grades. It specifies the degree to which the joint can bend and straighten, the level of muscle strength, whether the joint has been replaced with an artificial component. If the medical certificate isn't written in that language, the reviewers have no basis for judgment.
This isn't the fault of the doctor who wrote the medical certificate. Orthopedic doctors treat patients; they don't pore over disability grade tables every day. If a patient asks them to "prove that I'm in pain," they write that they are in pain. If they aren't told exactly what is needed, the medical certificate remains a document for treatment purposes.
So, the first thing we did was this: we extracted items related to the knee joint from the disability grade table and created a list of the expressions actually used in the assessment. Range of motion of the knee joint (flexion and extension angles), muscle strength test grade, location and extent of artificial joint replacement, leg length discrepancy, abnormalities observed during walking. We couldn't accompany them to their doctor's appointment with that list, so instead, we created a one-page request form and gave it to them.
The request form stated: "The following items are actual evaluation criteria used in the national veterans' disability grade assessment, regardless of whether they are present or not. We would appreciate it if you could record the measurements. This is not a request to fabricate nonexistent findings, but to record all existing findings."
Five days later, a new medical certificate arrived. The flexion angle was recorded. The difference from the opposite knee was also recorded. The muscle strength grade was also recorded.
The same knee, but the document was different.
## The Eleven-Line Request Form
It's worth noting a little more about what happened during those five days.
The request form was eleven lines long. Each line consisted of an item name and a brief explanation in parentheses. For example: "Knee joint flexion angle (record measurement in degrees, left and right separately)." "Muscle strength test grade (quadriceps and hamstring muscles)." "Artificial joint replacement location and extent (distinguish between total and partial replacement, specify implant location)."
They took this paper to their appointment and simply returned. They said that the appointment was ten minutes long and there were six waiting patients behind them. They pulled out the paper, but the doctor first asked, "What kind of document is this?" and by the time they explained, the appointment time was over.
We made one more adjustment. We added two sentences to the top of the request form. This request is for a national veterans' disability grade assessment, and it is not a request to create new opinions, but a request to record already confirmed opinions in designated items. If additional time is needed for measurement, please arrange an appointment in advance, indicating the purpose.
And we told them to reschedule the appointment and to mention the purpose of the certificate issuance when checking in. If the purpose is stated at the hospital registration stage, the appointment may be scheduled accordingly.
During the second visit, they actually measured the knee. It took a few minutes to measure with a goniometer. They said it was the first time they had measured the angle of that knee in twenty years.
Administrative documents are generally created like this. It's not that facts are created, but that existing facts are measured for the first time.
## How to Find Nonexistent Records The second problem was time.
Grade assessments consider the current state, but if the reasons for that state are unclear, the evaluation can be harsh. If there's a gap in the record between a twenty-year-old injury and a surgery a few years ago, it's difficult to rule out the possibility of other causes intervening.
However, he had almost no record of that period. The neighborhood orthopedic clinic he attended immediately after discharge closed a long time ago. The same goes for the acupuncture clinic he went to afterward. The military hospital surgery records required a request procedure, and it was uncertain how long it would take and how much would remain.
Here, we shifted direction. Hospital records don't need to be found only at the hospital.
There's a list of paid medical services issued by the National Health Insurance Service. The year, department, and disease code for each treatment are recorded annually. This record remains even if the hospital disappears. I asked him to apply for his treatment history for the longest possible period.
The record received a week later showed a repeated pattern of orthopedic treatment for knee joint problems starting the year after his discharge. It wasn't continuous. It appeared and reappeared after several years. Nevertheless, it was sufficient. The gaps in those years actually aligned with his testimony. He went when he couldn't stand it, and didn't go when he could endure it.
I organized the record year by year and created a one-page table. On the left, the year; in the middle, the department and disease; on the right, his occupational changes that year. It showed how the injury had weighed on his life on a single page.
I added one more thing to it: a record of his job transfer from the company. The personnel record and reason for the shift from the night shift to the day shift. It was a document showing how the functional limitations stated in the medical certificate manifested in the actual work environment. Medical opinions and life limitations reinforce each other, making the judgment much more stable.
## Response Received After Three Weeks
The military hospital surgery records were the most time-consuming documents.
The hospital where he had surgery twenty years ago no longer existed under that name. It was integrated as part of a troop reorganization, and first we had to find out where the records had been transferred. He had already given up at this stage. He stopped after going to several places, not knowing where to call.
Applying for a copy of medical records is easy; it can be done by the patient or someone authorized by the patient. The procedure itself isn't difficult. What's difficult is knowing where to perform that procedure.
The first response was ambiguous. It stated that they were verifying whether records for that period were preserved. It may seem like there's nothing to do but wait when you receive a response like that, but there is one thing. You need to keep the response itself. Recording the request date and the response date allows you to explain why the documents are missing later, even if the documents are ultimately unavailable. The absence of documents and the failure to find them are read differently in the assessment.
Three weeks later, the copy arrived. The surgical record sheet was there. It was handwritten, and there were a few parts that were difficult to decipher, but the core information was readable.
I added a confirmation letter from a private hospital where he had artificial joint surgery, including the implant. The document specifies which product was inserted into which part. The reason this document is needed is simple. The grading table has a structure that separately addresses artificial joint replacement, and that fact is not sufficiently specified by a single medical certificate.
He said, "Did I have to submit all of this?" No, you didn't have to submit everything from the beginning. However, what is needed at each stage is not fully described in a single instruction sheet. Filling in the gaps is the job of the practitioner.
## There Were Also Documents to Exclude
Collecting documents isn't the only task. In this case, there was a decision to exclude something.
He said his lower back hurt. His explanation was that his gait was distorted due to his knee, putting a strain on his lumbar spine, and he actually had lumbar spine treatment records. He wanted to submit this document along with the others.
We decided not to submit it. I explained two reasons.
First, the scope of eligibility was limited to the knee joint. Adding a region that is not eligible for eligibility assessment will cause the assessors to first exclude that region from the assessment. This will divert attention from the point we are actually contesting.
Second, the claim that his lower back pain originated from his knee requires separate proof of causation. Including that in this re-examination would be like opening up another unprepared battle.
Instead, those materials were not discarded but kept separate. The possibility of addressing them separately in the next step was left open. Not using something now is different from never using it.
In practice, this kind of judgment can greatly affect the outcome more than finding one more document. It's a difficult decision not what to include, but what not to include this time.
## Re-examination or Adjudication?
There was a choice of path.
Since a second notification of failure had been received, there was also the option of immediately filing an administrative review. Article 27 of the 「Administrative Review Act」 stipulates that a claim must be filed within 90 days from the date of notification of the disposition. Calculating backward, there was still some leeway. He preferred this path. He said that the result would be the same if he applied again to the same place.
I understood his feelings, but decided to first request a re-examination. I organized the reasons into three points.
First, the assessment of disability grade is inherently close to a medical fact judgment. Specific measurement values such as angles, muscle strength, and implants form the backbone of the assessment. In this area, even the agency handling the review tends to respect the judgment of a specialized review agency. Without new measurement data, arguing solely on paper lacks the very material for the dispute.
Second, the materials we created this time have not yet been submitted for review. The first two assessments were based on a single, unnumbered medical certificate. There is actually a chance that the judgment will change if new evidence is included. It wasn't that the same data produced the same conclusion, but rather that different data hadn't been included.
Third, it's a matter of order. If you go through a re-examination with the materials in hand, even if the result is not satisfactory and you move on to the next step, you can then take a much thicker record with you. Conversely, if you go straight to review without materials and are rejected, that result can cast a shadow on subsequent judgments.
In administration, order is half the battle. It is often the order in which you bring out the tools, rather than which tools you use, that determines the outcome.
He said he would think about it for a day and called the next morning. He said to do it that way.
## Four Points Included in the Application
While preparing the re-examination application, I organized the main points into four. The goal was not to include as much as possible, but to allow the reader to follow along in order.
The first is to address what materials were the basis for the previous assessment. I did not include any narrative criticizing the previous assessment. Instead, I simply stated the facts. The medical documents submitted in the previous two assessments did not include measurement values for joint range of motion, muscle strength grade, and replacement range. It wasn't about challenging the assessment, but about saying that the materials for the assessment were lacking. This is a way to open up the possibility of reconsideration without provoking the disposition authority or review agency.
Second is the newly secured measurement values. The difference in left and right knee flexion angles, muscle strength grade, and abnormalities observed during walking were quoted verbatim from the original medical certificate. We did not add any interpretation. Interpretation is the responsibility of the reviewer, and we lose credibility if we get ahead of it.
Third is the specification of the partial replacement of the artificial joint. Based on the surgical record and implant confirmation form, it specifies which parts were replaced with artificial materials. How the grading table deals with this fact is a matter for review, so we simply submitted the facts and requested a judgment.
Fourth is limitations on daily life. A long-term care benefit treatment history table, a company reassignment record, and a daily schedule written directly by him were attached. The last one was a one-A4 page document. It calmly described what time he woke up, how he commuted, and how the days differed depending on whether there was a drop-off work assignment. We said to omit emotional sentences, and he agreed. Written records are more powerful than pleading words.
When all the documents were bundled together, they turned out to be thicker than expected. A table of contents was attached at the front, and each document was marked with which of the four main points it corresponded to. Because a thick document itself creates a burden, a one-page document indicating where to look is necessary.
## Before Sending to the Chief Inspector
There was one last thing I did after the date for the re-examination physical was set.
I explained to him in advance the items that would be measured in the physical examination. This isn't about giving tips. Quite the opposite.
He said that during the first examination, when I told him to bend his knees as much as possible, he clenched his teeth and bent them more than usual. He wanted to make a good impression. In a place where you should say if it hurts, many people act in the opposite way. This is a reaction often seen in those with military service experience.
It was pointed out that measurement is about gauging a person's usual state, not their maximum effort. Angles forced to be created are just numbers for that one day, not their daily life. Stopping at the point where pain appears and stating that fact is an accurate measurement.
The documents I prepared were duplicated, and I had them take a copy with them. There's no guarantee that the materials sent by mail will be in the examiner's hands on the day of the examination. It's a hassle to submit them twice, but it's better than nothing.
I called them the night before the examination. There wasn't anything special to say. I knew it was the night for someone who had waited twenty years to wait one more day.
## That Afternoon, 3rd Floor Corridor
I later heard the story of the day of the examination.
They arrived an hour earlier than their scheduled time. There were people of similar age and much older people in the waiting room. They remembered that everyone was holding a document envelope.
The measurement didn't take long. They were instructed to perform a few movements, measure the angles, and try to exert force. There was a point where pain occurred during the bending movement, and this time they stopped at that point and said it hurt. That was the only difference from the first examination.
The copy of the documents they brought was actually used. Although the materials sent by mail beforehand had arrived, they referenced an extra copy during the verification process. This kind of meticulous preparation sometimes pays off.
They called me on the way back. There wasn't much to the conversation. They said it was over and asked when they could expect to hear back. I told them that the exact period varies depending on the case and depends on the review schedule. I don't always feel comfortable giving this kind of answer, but it's better than giving an uncertain date.
While waiting, what we did was periodically check the progress. The registration process doesn't end with just the physical examination. Even after the result notification, there are confirmation steps such as criminal record checks, and these steps can also take time. I informed them of this in advance. This is because if they have to wait again after the results are released, they will worry that something has gone wrong.
## 7th Grade
The result notification came a few weeks after the examination date.
7th Grade.
That wasn't the grade they had hoped for. They had mentioned the 6th grade several times during the consultation, and I didn't make any predictions about the grade each time. The determination of eligibility and the grade are decided separately. All we can do is ensure that all necessary materials are submitted for the decision.
Still, 7th grade is a different position than having no grade. With the grade determined, the registration was finalized, and they became eligible for compensation. They entered the veterans' healthcare support system. They are also eligible for automobile acquisition tax exemptions. However, I separately advised them that exemptions are subject to conditions such as a deadline for disposing of the previous vehicle when acquiring a replacement vehicle, so they must confirm with the relevant authority. I have seen several cases where exemptions were canceled due to missed conditions.
There was an announcement that the increase rate for lower grades would be adjusted relatively higher with the increase in veterans' benefits in 2026. However, the specific amount and implementation date should be confirmed through official announcements. I don't make definitive statements about such numbers in consultations.
I received a call from them on the day they received the notification. Their voice was calm. They brought up the topic of their eldest child's tuition and the cost of their mother's nursing home. Those two things were the actual content from the beginning to the end of this case.
## Similar Calls
Since this case, I have received several more inquiries for similar resolutions. The types are a few.
The most common is a case like this one. They received a notification of eligibility and thought registration was complete, but then they received a notification of insufficient grade, and only then realized that the two procedures are separate. Usually, they have already tried it once or twice on their own. And those attempts mostly involve re-demonstrating eligibility.
The second is a case where they knew they were not eligible to apply because they were receiving military pensions. Pensions and veterans' benefits have different roots. Whether they can be received together or if adjustments are needed varies depending on the case, so it cannot be stated definitively, but there are people who don't even apply because they think they can't receive them at all. Checking and finding out that it's not possible is different from not checking and not being able to do it.
The third case involves the bereaved family. This is when the individual didn't apply during their lifetime, and the remaining family members start looking into it after their passing. In this case, obtaining documents is much more difficult because there is no statement from the individual. Therefore, this type of case becomes increasingly difficult over time.
The fourth case is when someone received a disability grade and completed registration, but their condition worsened over time. There is a separate path called reappraisal application in this case. Many people think that once registration is complete, everything is finalized, but that's not the case.
The reason I list these types here is one: the path to take is different for each case, and it's difficult to determine which type you are just by reading the instructions. Knowing where you stand is the first step.
## The Story After That
Looking at the whole picture, nothing has changed in this case.
The knee has been in the same condition for twenty years. Surgery was already performed a few years ago. The medical records were originally there, and the company's reassignment had already happened. We haven't created any new facts.
What has changed is the way those facts have been put into documents. The words "I'm in pain" have been converted into angles, the perseverance has been converted into annual medical records, and the story of "work is hard" has been converted into personnel records. It's just been translated into a language that the reviewers can understand.
Now, the reason why that person failed the first two times seems simple. They tried to prove something that the country had already recognized, while the actual thing that needed to be evaluated remained unproven. It was an unfair situation, but not an unusual one. The person who has never passed through that gate wouldn't know that the requirements and the grade are different texts.
Administrative procedures often postpone people's lives by months or years. While the application, delayed by twenty years, has been circulating for another six months, that person has continued to operate a forklift. One of the things our office does is to try to reclaim some of that time.
In the last phone call, that person said, "Now I can explain to my child where I got hurt." There's no space on the grade sheet to write that sentence.
If you are curious about similar situations, feel free to leave an inquiry.
This is an administrative agent office located in Songdo, Incheon (Posco Tower Songdo). We handle administrative litigation, license/permit and registration proxy, foreign entry/exit (visa and residence), and regular administrative management. In procedures where requirements and evaluations are divided, such as registration of meritorious veterans and disability grade physical examinations, identifying what to dispute at each stage significantly affects the outcome. If you have a similar situation, please feel free to leave an inquiry.
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