Va Disability Rating Total Knee Replacement
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If there are any additional problems it is possible to receive a disability rating of up to 60.
Va disability rating total knee replacement. As a result Social Security denies many knee replacement claims since they dont meet the 12-month duration requirement. For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. Total knee replacements are rated under DC 5055. Traditionally a knee is rated at 0 10 or 20.
This 100 percent rating also applies to shoulder elbow wrist hip and ankle replacements. Total Knee Replacements Diagnostic Code 5055. How to Get a Rating Increase After a Joint Replacement. If the knee replacement is at a VA hospital and is for an already service-connected disability a claim for a rating increase to 100 percent is automatically assumed.
09-40 416 DATE Received from the Department of Veterans Affairs Regional Office in St. For example a veteran can have a Total disability thats temporary such as a total knee replacement OR a Permanent disability rated less than 100 percent such as Sleep Apnea thats been rated at 50 percent for the past 10 years. Veterans can also be BOTH Permanent and Total not just one or the other. 471a Code 5055.
VA regulation 38 CFR. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case. After that year has lapsed veterans will require additional tests for knee flexion extension and instability. The rating criteria ranges from 100 percent to 30 percent disabling.
471a 2011 states that a veteran shall receive a 100 percent rating for one year after a knee replacement. This is traditionally the result of a Veterans needing knee replacements. 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. A veteran will receive a 100 percent rating for a service-connected total knee replacement for 1 year following the implantation of the prosthesis.
The results of these tests will determine the ongoing rating. AM I GOING TO BE PUNISHED AND THE VA KEEP ME AT 30 BECAUSE I CHOSE TO HAVE IT DONE. If you get a full knee replacement you are rated at 100 percent for your first year after surgery. If the residuals are chronic the rating will be 60.
Its rare for younger Veterans to be given knee replacements mainly because doctors advise against it for individuals under a certain age. After your TKR the standard rating is 30 if everything goes perfect and you have no residuals of the surgery. The VA awards disability compensation for each Knee and Lower Leg condition that is service-connected. One notable exception to this is the case of a total knee replacement which is rated as 100 percent disabling for one year following the implantation of the prosthesis.
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. To qualify for the 10 percent rating 2 or more episodes following the initial infection are required. On the other hand some Vets can get rated at 30 for each knee. You may be able to get an extension for up to 3 more months if your case is severe.
The VA rates knee replacements under 38 CFR. IF YOU HAVE A TOTAL KNEE REPLACEMENT IN 2012 AND THE VA RATED YOU AT 30 AND THEN 5 YEARS LATER IN 2017 YOU HAVE TO HAVE ANOTHER TKR ON THE SAME KNEE DOES THE VA RAISE YOUR DISABILITY RATING OR DOES IT STAY THE SAME. Jul 08 2011 4. The DoD will also rate service-connected conditions as long as they also make the service member Unfit fo r Duty.
In Hudgens the Federal Circuit held that partial knee replacements qualify for the one-year temporary 100 disability rating under Disability Code DC 5055. VA Ratings for Knee Replacements. 471a Code 5055 disability ratings range from 100 percent to 30 percent disabling. 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.
Paul Minnesota THE ISSUE Entitlement to service connection for a right knee disability to include as secondary to service-connected residuals of simple fracture of the right tibia and fibula and service-connected residuals of left total knee replacement. When you file a disability claim after knee replacement surgery Social Security will generally assume that the outcome of your surgery will be positive and that you will be out of work for six months at most. After total knee replacement surgery there is an automatic 100 disability rating for one year. The knee is the one joint that you can get two ratings for thoughso after the surgery if you now have a loss in your ROM and instability those both should be addressed.
A 60 percent rating is warranted for chronic residuals consisting of severe painful motion or weakness in the affected extremity. Again the more limitation of the knee the veteran experiences the higher the disability rating should be. TDIU for Knee Pain. 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.