Knee Replacement And % Rating

[3 years to retire]

I have a 30% knee service connected va disability. I talked to the DAV guy at the VA hospital about having my knee replaced by my private Dr. (OWCP will pay 100%). I am hoping to stay off of work for about 3 months. I have two months of leave I can use.

DAV guy told me this:

1) when I get my knee replaced it will " automatically approved when requested" (when we file for upgrade) take my rating to 40% - the highest it can go. I will be Max out on my left knee.

2) while I am off of work and having my knee replaced, I will get 100% disability (when we file for it) for several months - it will just be temporary for a limited time - "automatically approved when requested."

Is this information correct? Any information I should know before I go for the knee replacement?

[JR Reihs]

3,

I think you should be very careful about who you intend to seek compensation from, if OWCP has approved this injury and it is also service conected I think you may find yourself in a pickle if you claim full compensation from both, as I beleive one will offset the other, and at some point you will be forced into making a choice.

Personaly since you are close to retirment , I would go with the VA, as they will grant up to 12-13 months of 100% for a knee replacement, without to much hassle, and you could save your leave in case of complications, or use it in conjunction , that is up to you.

I belive the 40% might be correct, if that includes a arthritis rating, I was always told it was 30% for a new knee period, but I have not had mine yet due to other problems that mat have occured, and my age, so I am not positive on that, and it was several years ago when I looked into this.

John may be able to chime in on this , but I think you are treading on some thin ice as to the OWCP vs VA, and you should look into this further before making that selection to see where your best option lays between the 2.

I understand with OWCP you get your doctor , and in the end some good shorttime $$, but with the VA you get less $$ but for life, personaly I would use my own insurance if I could and go with the VA, and get away from OWCP as fast as I could , but only you know your finance's so , just be careful and CYA.

Edited July 16, 2006 by JR Reihs

[3 years to retire]

JR thanks for the information. I am currently working and am not receiving any money from owcp. I found out that you cannot received money from both for the same injury. But, I do want my owcp (private) Dr. to do the operation. He will charge owcp but I will not receive any money. I will use my Sick leave for two months and then request leave without pay (lwop) for the rest of the time I am off. I might use owcp for rehab. I trust the owcp ( private) Dr. and feel he will do a better job than the VA. As I stated I will not draw any $ from owcp. I agree with you and will continue to collect VA disability. Do you think I could cause trouble by using my owcp dr., etc, while drawing va benefits, and without drawing any money from owcp personally? I just want to use the dr. and the private hosptial. The DAV saw no problem with this, but he felt that I could collect owcp and va at the same time too. Which I do not think I can. So that is why I am asking everyone.

I have in the past turned all documentation from my owcp dr to the va and have told them about me seeing him with owcp paying him several times a year. Plus I use him for my pain pills. I have made sure my VA dr knows all of this. I am not recieving any $ from owcp and I am still working. Hope this clears this up a little. Your advise is right on about receiving $ from owcp and Va at the same time for the same injury. Thank again.

3,

I think you should be very careful about who you intend to seek compensation from, if OWCP has approved this injury and it is also service conected I think you may find yourself in a pickle if you claim full compensation from both, as I beleive one will offset the other, and at some point you will be forced into making a choice.

Personaly since you are close to retirment , I would go with the VA, as they will grant up to 12-13 months of 100% for a knee replacement, without to much hassle, and you could save your leave in case of complications, or use it in conjunction , that is up to you.

I belive the 40% might be correct, if that includes a arthritis rating, I was always told it was 30% for a new knee period, but I have not had mine yet due to other problems that mat have occured, and my age, so I am not positive on that, and it was several years ago when I looked into this.

John may be able to chime in on this , but I think you are treading on some thin ice as to the OWCP vs VA, and you should look into this further before making that selection to see where your best option lays between the 2.

I understand with OWCP you get your doctor , and in the end some good shorttime $$, but with the VA you get less $$ but for life, personaly I would use my own insurance if I could and go with the VA, and get away from OWCP as fast as I could , but only you know your finance's so , just be careful and CYA.

[JR Reihs]

3,

It is a sticky situation you are in for sure, but as long as you are giving the VA the information then you should be ok, i do not trust what the DAV said about it, it is possible, but it could bite you later, but since you are still working and do not intend to file LW with OWCP then it seems you have a good handle on this.

Good luck to you.

[3 years to retire]

I checked with my doctor and he has decided that I should do a knee scope. It will be an out-patience operation. OWCP will pay for the operation. As before I will not ask for any money for compensation from owcp. My question now is how will this effect my VA disability rating. I am 30% now on my knee, and can go to 40% at the most. I was told that if I have my knee totally replaced it would go up to 40 %. With the scope will the rating go up, go down or stay the same. I could handle the rating staying the same. Going up (which would surpise me for receiving the scope) would be even better. Cannot afford the rating to go down. It would be better not to do the scope and limp along than take a chance on that. The knee hurts, and if the scope could help relive the pain that would be good. But cannot take a chance on losing any VA rating.

1) I was going to apply for 100% temporary VA rating while I recover from the total knee replacement. Should I still request that with the knee scope or leave it alone?

2) I was going to also request a increase in my knee rating with the total knee replacement, should I request that with a knee scope or leave it alone?

Thanks for the help...

[JR Reihs]

If the doctor can support a finding of Arthritis then you want to file a clain for this as it will grant you another 10%. I do not think you will get an increase any other way, but if the scope causes you to loose over a month of work , you MIGHT check to see if you are entitled to further benefits.