Va Disability Rating For Partial Knee Replacement
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While 60 is generally the highest rating the VA will assign for knee amputations you may be able to increase your rating if you experience symptoms of phantom limb pain.
Va disability rating for partial knee replacement. Knee and Lower Leg Overview. This 10 percent rating and the other partial ratings of 30 percent or less are to be combined with ratings for ankylosis limited motion nonunion or malunion shortening etc subject of course to the amputation rule. Prosthetic replacement of knee joint. With intermediate degrees of residual weakness pain or limitation.
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. As mentioned above the only time knee pain qualifies for a 100 disability rating is following total knee replacement surgery. 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. Whether it is partial or total.
For 1 year following implantation of prosthesis 100. Again the more limitation of the knee the veteran experiences the higher the disability rating should be. Abnormal stiffening and immobility of the knee can be assigned a 30 40 50 or 60 percent disability rating depending on the limitation of flexion. 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 Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. If a veteran has intermediate degrees of residual weakness pain or limitation of motion the condition should be rated analogously under DC 5256 5261 or 5262. The VA awards disability compensation for each Knee and Lower Leg condition that is service-connectedThe DoD will also rate service-connected conditions as long as they also make the service member Unfit fo r Duty. 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.
10 3 Entitled to special. You may be able to get an extension for up to 3 more months if your case is severe. With slight knee or hip disability. 5055 Knee replacement prosthesis.
In Hudgens the Federal Circuit held that partial knee replacements qualify for the one-year temporary 100 disability rating under Disability Code DC 5055. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case. 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. There are very few absolutes in Veterans Law but this is one of them.
The minimum rating you can receive after a full knee replacement is 30 percent. 30 5055 Knee replacement prosthesis. If the lawmakers who make the rules the VA is supposed to follow wanted to make a seperate rating for a partial knee replacement they would have done so by now. With chronic residuals consisting of severe painful motion or.
Either way they are wrong. Weakness in the affected extremity 60. The rating criteria ranges from 100 percent to 30 percent disabling. Partial knee implants have been around for many years and there are more than just a few Veterans who have had one done so seriously if they wanted to change the rating from 5055 to something else it would have been done.
As noted above the minimum rating for a knee condition status post knee replacement is 30 percent. 471a Code 5055. However if you already have at least one service-connected disability rated at 60 or more or two or more disabilities for a combined total rating of 70 or more and you cant hold down a job due to knee pain you. Partial knee replacements are rated on the symptoms the patient experiences.
The VA rates knee replacements under 38 CFR.