Va Compensation Knee Surgery

Care claim This is for anyone that needs help around the house due to their injuries.

Va compensation knee surgery. VA regulation 38 CFR. When they leave the service they apply for disability compensation for their knee problems through the VA only to find their debilitating condition rated at 10 percent or lower. Where injuries are minor but more severe than previously described awards can go up to 10450. This Level of VA disability compensation for a Knee Replacement is ALWAYS Wrong.

However if VA does not grant this benefit automatically veterans should file a claim for it right away. Knee replacement revision compensation. You can file a care claim. On the VA rating schedule you will see the term semilunar cartilage Semilunar Cartilage is basically another word for meniscus.

Awards will range from a few hundred pounds up to 4650. The DoD will also rate service-connected conditions as long as they also make the service member Unfit fo r Duty. If the VA rates you at 10 following a partial or total knee replacement they are wrong and you should consider challenging that rating with a Notice of Disagreement. The VA Rating Schedule for Meniscus and Similar Knee Issues Meniscus injuries are evaluated under DC 5258 and DC 5259.

Furthermore if veterans have the surgery at a non-VA facility they should inform VA about the procedure right away in order to ensure they will have access to benefits. Please dont misunderstand this and think im being greedy it just doesnt seem fair to have go through major surgery again and the va gives you a disability rating for a scar. Major knee trauma requiring lengthy recuperation after surgery but with complete or near complete recovery. And yes working the rom all over again is no fun.

If you tear a meniscus medial or lateral cartilage or the gristle cartilage or suffer a knee dislocation which results in your knee not being as stable as before your accident perhaps requiring the use of a knee brace or support your compensation calculator will be. An in-service event injury or illness. A current diagnosis of a knee problem eg torn meniscus. Lesser knee injuries with recovery lasting weeksmonths.

In Hudgens the Federal Circuit held that partial knee replacements qualify for the one-year temporary 100 disability rating under Disability Code DC 5055. After your first year the VA will give you a permanent rating somewhere between 60 percent if you suffer weakness and severe pain with motion and 30 percent for lesser symptoms. For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. To be granted direct service connection for a knee problem such as a torn meniscus veterans must demonstrate the following.

When launching a compensation case for a knee injury you can claim for the following. General damages This relates to the compensation you will receive for the pain and suffering you have experienced. Is it treated just like my original total replacement as far as compensation and disability. As the knee problem got worse the Veterans VA doctor recommended surgery to stop more damage from happening.

The November 2016 update to the M21-1 Manual however takes a very restrictive view of the Hudgens case and limits when the VA will apply DC 5055 to partial knee replacements. If you get a full knee replacement you are rated at 100 percent for your first year after surgery. Since the doctor wouldnt know if the surgery was successful until 3 months after the Veterans 1-week stay in the hospital we granted the Veteran a temporary 100 disability rating for 3 months. This 100 percent rating also applies to shoulder elbow wrist hip and ankle replacements.

As the knee problem got worse the Veterans VA doctor recommended surgery to stop more damage from happening. If the object of disability compensation is to make up for functional loss suffered by the veteran due to military service why would a daily struggle with knee dysfunction be given a low rating. Lesser knee injuries with complete or near complete recovery after a few years. Average Knee Injury Compensation Amounts For minor knee injuries where recovery is complete or almost complete.

This exam generally happens at a VA hospital or clinic and is conducted by VA medical staff. Torn cartilage in the knee compensation amounts. The VA awards disability compensation for each Knee and Lower Leg condition that is service-connected. The title of my surgery listed in my surgical notes is revision left total knee replacement and it lists and describes all of the prosthetics removed and the new ones installed.

Due to the high psychical demands of military service many veterans experience knee injuries or dysfunction. Since the doctor wouldnt know if the surgery was successful until 3 months after the Veterans 1-week stay in the hospital we granted the Veteran a temporary 100 disability rating for 3 months. 471a 2011 states that a veteran shall receive a 100 percent rating for one year after a knee replacement.