Va Rating For Partial Knee Replacement
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100 For four months following implantation of prosthesis or resurfacing.
Va rating for partial knee replacement. Whether it is partial or total. 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. 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. Intermediate degrees of residual weakness pain or limitation of motion should be rated by analogy under DCs 5256 5261 or 5262.
5055 Knee replacement prosthesis. You may be able to get an extension for up to 3 more months if your case is severe. The minimum rating for a knee condition status post-knee replacement is 30 percent. Partial knee replacements are rated on the symptoms the patient experiences.
The rating criteria ranges from 100 percent to 30 percent disabling. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case. 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. With chronic residuals consisting of severe painful motion or.
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. Specifically total and partial knee replacements are evaluated as follows. Either way they are wrong. The different percentages available are 0 10 20 and 30.
There are very few absolutes in Veterans Law but this is one of them. A Veteran had a left knee injury that resulted in a 30 disability rating. 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 big difference is that it must be done in several stages and be approved by the Regional Office Service Center Manager.
After the four-month period the knee will be re-evaluated for a permanent rating. 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. For 1 year following implantation of prosthesis 100. Weakness in the affected extremity 60.
Importantly both total and partial knee replacements are rated the same by VA under DC 5055. 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. 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. According to the rating criteria if the knee can straighten but cant bend all the way it is rated under 5260.
The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case. You may be able to get an extension for up to 3 more months if your case is severe. A 60 percent rating is warranted for chronic residuals consisting of severe painful motion or weakness in the affected extremity. With intermediate degrees of residual weakness pain or limitation.
The 60 percent rating as it is based on constitutional symptoms is not subject to the amputation rule. Do not EVER accept a 10 rating as your amount of VA disability compensation for a knee replacement. The diagnostic code for limitation of flexion is 5260. These ratings are assigned based on how much the knee can bend.
A Veteran had a left knee injury that resulted in a 30 disability rating. The rating will depend on the symptoms you experience. 471a Code 5055. The minimum rating you can receive after a full knee replacement is 30 percent.