elcamino_77us

Thanks, Instead of relying on my VSO as I have in the past, I decided to learn the ins and outs. After six months of research and finally getting copies of my reports, I'm amazed at what my old VSO missed and the VA's refusal to follow the laws and decide cases however they want. Then again should I really be that suprised at the VA. Bill

Looking back at some of my previous C&P's, I noticed that the Doctor made statements that the degeneration in my spine or the condition of my knee would be normal for someone my age. Is this a violation of 4.19??? Or does 4.19 only apply to TDIU??? Thanks Bill

I've been able to determine part of the rating for my knee. 5259 Cartilage, removal of, would rate 10%. I was also able to determine that a person can be rated for both 5260 & 5261 at the same time as long as you meet the criteria for each DC. Impact and severity of pain must be considered by applying 38 CFR 4.40, 4.45, and 4.59. I should rate at least 10% for both 5260 & 5261. According to some of the examples I read, I could possibly rate up to 20% on 5260. There was one rule to keep in mind. You can not rate more than an amputee. Bill

I injured my knee while on active duty in 1988. As I had continuous problems with my knee, I filed a claim after being discharged in 1995. In 2003, I was finally able to service connect my knee at 10% for osteophytes. In 2002, an MRI showed the possibility of a torn meniscus. In 2012, the VA scoped my knee and determined that I actually had two tears of my meniscus which both were repaired during surgery that included med and lat subtotal meniscectomies and chondroplasty of the med femoral condyle and trochlea. I was then rushed back to full duty status after only three weeks. My understanding is that this procedure usually calls for at least four to six weeks of limited duty. The doctors assessment was: POST-OPERATIVE DIAGNOSIS: right knee chondromalacia, medial and lateral degenerative meniscal tears. OPERATIVE FINDINGS: Trochlea Grade 4 chondromalacia, medial femoral condyle grade 3 chondromalacia,lateral condyle grade 1 chondromalacia, degerative medial and lateral meniscal tears, loose bodies. I filled for an increase and completed a C&P Exam. I requested and finally received a copy of my C&P Report. Knee flexion was at 105 with pain beginning at 0. Knee extension was full range with pain beginning at 0. Unable to use repetitive ROM measurements due to pain. As far as Loss of Function, both the “Less movement than normal” and “Pain on movement” boxes were checked. Pain on palpation was checked, Yes. Assistive devices was marked: Braces-constant. Is degenerative or traumatic arthritis documented? Yes Although my original letter stated I was service connected at 10% for osteophytes, my current records state Limited Extension of Knee at 10% With all of that said, I’m trying to get an idea of what my rating might be. From everything I have read, the knee can be rated on three areas. It was also should be mentioned that I need a Total Knee Replacement but they won't do it until I turn 65. Go Figure??? Range of Motion (ROM) is supposed to be measured according to where to pain begins. If this is correct, then my knee flexion and extension would be rated at zero degrees. Arthritis is noted and I wear a knee brace constantly. How would I go about trying to figure out my new rating? Bill