Va Disability After Knee Replacement
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A Veteran has a left knee condition rated 30 disabling.
Va disability after knee replacement. If you developed knee problems as a result of your military service and needed to have your knee replaced you might be eligible to receive veterans VA disability for knee replacements. 471a 2011 states that a veteran shall receive a 100 percent rating for one year after a knee replacement. A 60 disability rating is given for one year following the surgery if motion in the knee continues to be painful. Total knee replacements are rated under DC 5055.
The VA awards disability compensation for each Knee and Lower Leg condition that is service-connected. 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. Recovery time from either a surgery or the immobilization of a joint by a cast without surgery requires a temporary 100 disability rating for a service-connected disability. This Level of VA disability compensation for a Knee Replacement is ALWAYS Wrong.
Arthritis Joint by Joint as a VA Disability With a stress-caused arthritis like osteoarthritis you want to get a VA rating for joint pain on each individual joint. A year after the knee replacement surgery your knee condition will be re-evaluated by the VA and receive a new rating. His VA physician has discussed the knees deterioration and they have decided to operate. Notice above in DC 5055 that there is NO 10 rating level for a partial or total knee replacement.
The DoD will also rate service-connected conditions as long as they also make the service member Unfit fo r Duty. Since the success of the surgery wont be known for 3 months following the 1 week of hospitalization the Veteran is granted a temporary 100 evaluation for three months and his disability compensation is increased accordingly. After that year has lapsed veterans will require additional tests for knee flexion extension and instability. One of the most important phrases here is 12 months regardless of your disability it is incredibly difficult to qualify for insurance if your impairment will be fixed in less than a year.
Due to the high psychical demands of military service many veterans experience knee injuries or dysfunction. 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. A veteran will receive a 100 percent rating for a service-connected total knee replacement for 1 year following the implantation of the prosthesis. Vets have been misdiagnosed between arthritis and a torn ACL.
Why Veterans are Entitled to a 100 Disability Rating After Joint Replacements VA regulation 38 CFR. The minimum rating following knee joint replacement surgery is 30. This 100 percent rating also applies to shoulder elbow wrist hip and ankle replacements. After total knee replacement surgery there is an automatic 100 disability rating for one year.
A 60 percent rating is warranted for chronic residuals consisting of severe painful motion or weakness in the affected extremity. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case. For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. You have had reconstructive surgery or surgical on your knee be-cause of your severe inability to walk and you are not expected to return to normal movement for at least 12 months after surgery.
You may be able to get an extension for up to 3 more months if your case is severe. In partial or total knee replacement surgery plastic or metal parts replace damaged tissues and bone of the knee joint. If you have had knee replacement surgery on a knee with degenerative joint disease or after a bad knee injury you may be able to get Social Security disability benefitsif you are unable to work.