Va Disability Partial Knee Replacement

Either way they are wrong.

Va disability partial knee replacement. If a veteran has a claim for a partial knee replacement that was filed prior to July 16 2015 DC 5055 will still be applied. This 100 percent rating also applies to shoulder elbow wrist hip and ankle replacements. The VA awards disability compensation for each Knee and Lower Leg condition that is service-connected. Why Veterans are Entitled to a 100 Disability Rating After Joint Replacements VA regulation 38 CFR.

While most VA decision makers wont treat a partial knee replacement as a total knee replacement if the conditions warrant they can still assign up to a year of temporary 100 percent evaluation under Paragraph 30. For veterans whose claims were filed after July 16 2015 they should still argue that a partial knee replacement should be evaluated analogously under DC 5055. 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.

Do not EVER accept a 10 rating as your amount of VA disability compensation for a knee replacement. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case. Partial knee replacements are rated on the symptoms the patient experiences. For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify.

If your knee replacement surgery is successful you can recover a great deal of your quality of life. 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. The minimum rating you can receive after a full knee replacement is 30 percent.

The VA rates knee replacements under 38 CFR. The big difference is that it must be done in several stages and be approved by the Regional Office Service Center Manager. On May 18 2016 in Hudgens v. Instead partial knee replacements are rated according to any symptoms that are caused by the replacement such as limited motion.

Diagnostic Code 5055 requires a 100 percent evaluation for the 12 month period after a prosthetic knee replacement in addition to one month under 38 CFR. Instead partial knee replacements are rated according to any symptoms that are caused by the replacement such as limitation of motion. From date of hospital admission for arthroplasty either initial or revision 100 Requiring use of two crutches or a walker for ambulation 1 90. In Hudgens the Federal Circuit held that partial knee replacements qualify for the one-year temporary 100 disability rating under Disability Code DC 5055.

Unfortunately not everyone who applies for SSDI for a knee replacement will be awarded financial assistance for their disability. Under Diagnostic Code 5055 a 100 percent evaluation will be assigned for a prosthetic replacement of a knee joint for one year following implantation of the prosthesis. You may be able to get an extension for up to 3 more months if your case is severe. Unlike total knee replacements partial knee replacements do not have their own diagnostic code.

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. 5055 Total or partial knee arthroplasty or replacement with prosthesis. McDonald the Federal Circuit ruled that partial knee joint replacements qualify for ratings under Diagnostic Code DC 5055 which is the diagnostic code that grants a temporary 100 rating for the year following a knee joint replacement and then a minimum 30 rating thereafter. Rating decisions for one disability can be complicated.

Unlike total knee replacements partial knee replacements do not have their own diagnostic code. The VA disability rating for knee tendonitis is also typically determined by range of motion testing. The Federal Circuit reversed the CAVCs determination that DC 5055 which provides for a 100 disability rating for prosthetic replacement of knee joint. The rating criteria ranges from 100 percent to 30 percent disabling.

There are very few absolutes in Veterans Law but this is one of them. 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. For 1 year following implantation of prosthesis applies only to total knee replacements and not partial knee replacements. A VA disability rating for knee joint pain can be determined by a reduced range of motion instability how much you can move your knee without feeling pain or whether you may require a total or partial knee replacement.

The 30 percent rating is the minimum rating for a knee replacement meaning if you had a knee replacement and it is service-connected you will be rated at least at 30 percent. 471a 2011 states that a veteran shall receive a 100 percent rating for one year after a knee replacement. So for the VA to rate you at 10 following a service-connected total or partial knee replacement they have to either ignore the law and regulations or use the wrong rating criteria. VA assigns ratings based on the patients range of motion and sensation of pain.

2621 Can Veterans Receive More Than One Disability Rating for Knee Pain.