Va Service Connected Knee Replacement
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A veteran will receive a 100 percent rating for a service-connected total knee replacement for 1 year following the implantation of the prosthesis.
Va service connected knee replacement. 471a Code 5055. The VA awards disability compensation for each Knee and Lower Leg condition that is service-connected. 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. The DoD will also rate service-connected conditions as long as they also make the service member Unfit fo r Duty.
The Veterans service-connected right total knee replacement is shown to have been productive of pain swelling and some limitation of motion but not ankylosis nonunion of the tibia and fibula or right knee extension limited to 30 degrees. If you can show evidence of any kind of strenuous work put on your knee you can get closer to service-connected arthritis. 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.
CONCLUSIONS OF LAW 1. You may be able to get an extension for up to 3 more months if your case is severe. 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. The VA rates knee replacements under 38 CFR.
For VA compensation purposes normal forward flexion of the cervical spine is zero to 45 degrees extension is zero to 45 degrees left and right lateral flexion are zero to 45 degrees and left and right lateral. You may be able to get an extension for up to 3 more months if your case is severe. Secondary service connection can also be an aggravation of a non-service connected disability that is caused by a service-connected condition or incidence. Knee instability or crepitation creeking and clicking sounds coming from your joints can help you get a higher rating too.
For 1 year following implantation of prosthesis. A knee instability VA rating can be related to arthritis but doesnt have to be. For example a veteran with a service-connected right-knee injury claims he has developed arthritis of the right hip. Specifically the representative contended that VA must consider all theories of service connection to include whether the Veterans right knee disability is proximately due to or aggravated by the service-connected left total 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. If the knee replacement is conducted at a private hospital however the 100 percent rating is not acknowledged until the VA knows of the knee replacement. The temporary 100 rating may continue for 1 to 3 monthsdepending on your unique case. A 60 percent rating is warranted for chronic residuals consisting of severe painful motion or weakness in the affected extremity.
5055 Knee replacement prosthesis. Prosthetic replacement of knee joint. In essence his right knee throws his gait off and this affects his right hip. 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. There are very few absolutes in Veterans Law but this is one of them. Either way they are wrong.