Va Disability For Partial Knee Surgery
disability knee wallpaperAccording to the VA 2015 Annual Benefits Report limitation of knee flexion was the fourth most commonly-claimed disability during that fiscal year with over 80000 veterans receiving disability benefits for this condition. 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.
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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.
Va disability for partial knee surgery. Even with a serious medical issue such as a knee replacement it can still be challenging to receive a grant of benefits from the VA. 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. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case.
The VA awards disability compensation for each Knee and Lower Leg condition that is service-connected. Apply for VA Disability Benefits for Your Knee Pain Today If you do have knee pain from your service you want to start applying for VA disability benefits as soon as possible. Limitation of flexion of the knee is the most common knee condition for which veterans receive VA disability benefits.
This condition refers to the range of motion of the knee as the veteran moves it or curls it inward towards the body. 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 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.
In total nearly 658000 veterans receive service-connected compensation for limited knee flexion. You may be able to get an extension for up to 3 more months if your case is severe. Notice above in DC 5055 that there is NO 10 rating level for a partial or total knee replacement.
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. Much of the confusion stems from the fact that a veteran may be able to receive multiple ratings for the same knee depending on the severity of. 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.
Veterans who undergo surgery as a result of a service-connected condition may be eligible for a temporary 100 percent disability rating. The process can take several years and over the course of time the secondary effects of a knee injury will probably increase. After that year has lapsed veterans will require additional tests for knee flexion extension and instability.
You may be able to get an extension for up to 3 more months if your case is severe. The only time a temporary rating for knee pain is given is when a total knee replacement is performed. This Level of VA disability compensation for a Knee Replacement is ALWAYS Wrong.
For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. 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. Of all the disabilities listed on the VAs Schedule for Rating Disabilities the ratings involving the knee are one of the most difficult for veterans to understand and for the VA to get right.
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. After total knee replacement surgery there is an automatic 100 disability rating for one year. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case.
The big difference is that it must be done in several stages and be approved by the Regional Office Service Center Manager. The DoD will also rate service-connected conditions as long as they also make the service member Unfit fo r Duty.