Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Rating Knee Disability

Rate this question


nanaeris

Question

My knee disability had been rated un diagnostic 5260 limitation of flexion which gave me a 20% disability rating. When I asked for an increase in disability, the C&P doctor stated my limitation of extension was 20 degrees which would give me a 30% disability rating. When I responded to the SSOC in June, I told the VA they failed to give me a reasonable explaination why DC 5261 did not apply as the law requires. In August I received a IRIS reply stating my claim was in administrative procedures so a correct decision could be made. On October 5 I was told my case was being prepared for a BVA hearing and I should received it before April. I sent 3 e-mails to the Director of the Waco Regional Office with no response so I forwarded the e-mails to Washington DC. The person in Washington DC contacted the Director in Waco and told her how upset and angry I was because of the lack of response. On December 16th she e-mailed me and stated all my inquires was being forwarded to the appeals team. I wanted to ask her what the inquires have been doing just laying around for the last 8 months. The person on the 1-800 number informed me the other day that my claim has been sent back to a rating specialist to be reviewed as of Janurary 27th. So my question is when two diagnostic code can be used to rate a disability are the VA required to use the higher granting code? By the way if I don't get a clear answer to why DC 5261 is not used instead of DC 5260 I am going right back to Washington DC and ask them.

This is really something to put the people through who are obligated to protect the country.

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Interesting, nanaeris. I've had the same experience with emailing the Waco director. No response. By contrast, the director of VA in Dallas took immediate action. I sent a feedback letter (Talk to the Director) stating positive observations, but giving factual data about 8 months of going for appointments on five issues I named when first enrolled with no treatment for any of them, several mistakes mostly due to communication, and one exam by a resident who would rather have been surfing. Responses from staff were concerned, professional, and action oriented. I've accomplished more in the last two months that in the previous eight. Waco RO also didn't get a very good report on the last inspection. This might help with some ideas: http://www.vetsforjustice.com/C&P%20Service%20Clinician%E2%80%99s%20Guide.htm There is also a worksheet for joints examinations. You should be able to google VA C&P examination worksheets and find it. If not let me know and I'll chase down the link. I think the latest one is dated 4-20-2009. The worksheet for joints is about 5 pages long and has specific questions for the examiner to ask. It's a good guide for looking at the exam you got and where it might have missed something important. You can also send a request for info release and have the clinical notes sent to you plus written evaluations of x-rays and mri's ( you'll need a medical dictionary for these or a lot of patience with googling.) I think the form is VAO-710, but you can also write a letter. I'd suggest using "all written information, clinical notes, patient file records,....etc. both specific and general descriptions that might include what you want, so they can't wiggle out of giving it to you.

Edited by WYnWn
Link to comment
Share on other sites

Hello family,

Im a newbie to the retired communtiy. I just had my C and P done May 23 2012 for my knees.

These are the findings:

xrays showed normal both knees

MRI - Degenerative osteopytoses, both knees

Minimal knee joint effusion, bilateral

Subcutaneous edema, bilateral,

C and P examiner diagnosis was Degenerative Arthritis with flare up impacting the function of the knee and or lower leg; right knee flexion 110 and painful motion begins 110; left knee flexion 100 and painful motion begins 100; right knee post test ROM 95 and left knee post test ROM 90: limitation of motion in repetitive use testing (YES); Functional loss and functional impairment of the knee and lower leg (YES);Less movement than normal both knees;Disturbance of locomotion both knees; Interference with sitting, standing and weight bearing both knees; Pain on movement both knees; Pain to palpation of joint line both knees ; Signs and symptoms for decrease range of motion noted; Veteran knees and lower leg condition impact ability to work (YES).

This is everything that was documented for the knee examine and I just wanted to try to get a jest of what the rating would be given .

Thanks for the help

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use