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SFCMoore

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Everything posted by SFCMoore

  1. On 5 Feb 03 I had an L knee replacement. I submitted a claim to have the s/c to my R knee on 8 March 03. The R knee had 2 TKR's. In the packet I asked that; Increase my R knee from 30 to 6t0% S/C my L knee secondary to R knee bilateral Today, 1 May I received my c/p results. They s/c the l knee and upped the r knee to 60%. This was all in a matter of less than 55 days. And WHY..... it is because of this site. I used all the knowledge that I gained from this site for over 10 years. I am currently rated at 90%. After the 1 year @ 100% temp this will put me over the 100% mark. I am blessed and wanted to share this with all of you and let you know that if you follow the advice of this site and get all the info needed to submit a solid packet - you have it made. Also, they found an error and I will be receiving back pay for another issue. Again thanks to HADIT.COM. I have always told anybody that this is THE SITE.
  2. On 5 Feb 03 I had an L knee replacement. I submitted a claim to have the s/c to my R knee on 8 March 03. The R knee had 2 TKR's. In the packet I asked that; Increase my R knee from 30 to 6t0% S/C my L knee secondary to R knee Today, 1 May I received my c/p results. They s/c the l knee and upped the r knee to 60%. This was all in a matter of less than 55 days. And WHY..... it is because of this site. I used all the knowledge that I gained from this site for over 10 years. I am currently rated at 90%. After the 1 year @ 100% temp this will put me over the 100% mark. I am blessed and wanted to share this with all of you and let you know that if you follow the advice of this site and get all the info needed to submit a solid packet - you have it made. Also, they found an error and I will be receiving back pay for another issue. Again thanks to HADIT.COM. I have always told anybody that this is THE SITE.
  3. On 5 Feb 03 I had an L knee replacement. I submitted a claim to have the s/c to my R knee on 8 March 03. The R knee had 2 TKR's. In the packet I asked that; Increase my R knee from 30 to 60%. S/C my L knee secondary to R knee. Today, 1 May I received my c/p result. I used all the knowledge that I gained from this site for over 10 years. I am currently rated at 90%. After the 1 year @ 100% temp this will put me over the 100% mark. I am blessed and wanted to share this with all of you and let you know that if you follow the advice of this site and get all the info needed to submit a solid packet - you have it made. Also, they found an error and I will be receiving back pay for another issue. Again thanks to HADIT.COM. I have always told anybody that this is THE SITE.
  4. Both knees were done by a civ dr. After retiring I went under US Family Health Plan (TRICARE) and use a Primary Care Civ Dr. It works great and I go to a civ hospital. I am not a fan of the VA hospital. Yes it was done on the same knee that was SC. I suppose it may also be rated max 60% after 13 months due to weakness, pain and giving out. What do you think? I will be filing the claim after I see the nero-nerve dr. Also I am having my left knee taken care of due to right knee giving out as well as SC for DDJ of the back, SC, causing my knees to be problematic. thanks for your help. Let me know what further ideas you have now with the new information.
  5. In 2007 I had a TKR. In 2009 I had a revision of the knee replacement. As luck – or un-luck- would have it a nerve was cut below the kneecap. It went unnoticed and now 11 months later and several doctor visits it is verified that the nerve is cut. The chances of repair are slim and I have a upcoming appointment to see what is next. The nerve, when pressed, tells the leg to give out and it is very painful and to say the least upsetting. I am 90% s/c and with the knee operation I am 100% temp until August. I will revert back to 90%. The question is should this be secondary to the knee or a individual claim. I did some looking and came up with this “Under 38 C.F.R. § 4.124a, Code 8521, disability ratings of 10 percent, 20 percent and 30 percent are assigned for incomplete paralysis of the external popliteal nerve (common peroneal) which is mild, moderate or severe in degree,respectively. A 40 percent rating is warranted for complete paralysis.” Does this sound right? If not what would someone out there recommend? The knee is no good when weight is applied though without weight bearing I have total motion. The CFR states that "The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective enervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part that becomes painful on use must be regarded as seriously disabled. 38 C.F.R. §§ 4.10, 4.40, 4.45 (2009)". Can this somehow be increased to 60%?
  6. Thank you all very much for your assistance. I now have a path to follow. You are the greatest asset to vets.
  7. I am 100% temp and 90% perm. In 2007 I had a total R knee replacement. 2009 I had a knee revision - same knee - Service connected. I walk w/a cane and use 2 pain patches on the knee as well as a brace. To say the lease I am in the 15% of knee replacements that did not work. As a result my left knee is going bad. I understand that most times the other knee is injured as a result of "favoring" the bad knee. Is this somehow connected, VA wise, and could I place a claim on the other knee going bad. I am still under care for the knee replacement. Also, I am S/C for DDD L4/L5. The back is aggravated by the knee and the knee aggravates the other knee and so on and so on. Does this all fit somehow into a claim?
  8. A while back I posted a question about me getting a knee replacement re-done. One member thought that I would get the same temp 100% as I would had it been an 1st operation. I looked everywhere in 38CFR as well as BVA decisions and this is not addressed. If there is someone out there who had a similar situation, hip replace or other joint, please let me know how it was rated? Also, Berta, if I can impose on you to use your research skills in this I would be grateful. I am scheduled to go in on the 21st of this month. I have my VA paperwork all set to go but am waiting for one item that I will have this Tuesday. Then I will send it forward. I am asking to be rated under 5055 Knee Replacement. I attached to claim on-line documents that describe the operation as the same as the 1st replacement , but this time it will be a component replacement. Any other suggestions? Stuff to attach and send? I also have the results of the prior operation as support documents that describe how the 1st knee was destroyed during therapy.
  9. I have L4/L5 compression and went to the pain clinic (not related to the VA). They first gave me some temporary blockers applied to the nerves. This was to make sure that they got the proper ones. The following week the applied the real thing to temporally block the nerves. It worked for 3 months and then I had to go back and do it all over again. They were supposed to work for at least 6 months. They will do this until you cry UNCLE or do something else. In my case I said UNCLE and moved on to a pain path. I wish I never went to the patch as I am addicted and it is going to be a bear getting off it as they do not want you on them long term just because you will get " the monkey on your back" no pun intended. Fentanyl is an opium and is hard to come off.
  10. I looked at some prior BVA cases and as the reversal does not have an actual rating they rate it as 5055 "Knee Replacement." The process is the same as a total knee replacement and the recovery time is the same. It took some time to find some cases but I did. What is really strange is that if I filed now with the pain, loose knee, having to wear a brace and use a cane – as well as very limited walking and weight bearing, I would most likely get increased to 60%. But the replacement will go back to 30% after 1 year. Go figure….. only the VA could do that.
  11. Actually it is common that the knee replacement(s) go wrong. They can get "loose" as a result of additional injury (as in my case) or through use. The Tibial Tray is driven into the Tibia bone. On top of that a "spacer" is fixed to/or cemented to the top of the Tibial component. It is a softer component that the Femoral component (knee joint replacement) rests on. As I have additional tendon and ligament damage, they will remove the Plastic Spacer and put in a thicker one to take up the additional space that caused knee to go loose. The spacer will also crack if you kneel on them. The operation - also known as a Reversal - is more complicated than the original operation. If it works - fine. If not and I am the same or a bit better I am OK with that, but as of now my quality of life is minimal.
  12. A while back I posted about my knee replacement gone bad. I went to my Dr and I am having a second one done - a partial - AKA a "tray replacement". I looked at chapter 38 and there is no mention of ratings for a partial. But I went back to 2007-08 BVA decisions and they are rated the same as a total knee replacement as the process is the same and the recovery time is the same. Did anyone here have a second one done and what was the temp and final rating? HAPPY FATHERS DAY to all dads.
  13. Thank you all very much for your help. The NOD in one post was well written and I most likely will use it. I will keep you posted if it works or not. Just a FYI may help in the NOD is I now have a hip problem as well as additional back pain. I already am rated for the back 20% but the limp causes additional pain. I will take into advisement about the loose hardware possibility as noted on another post.
  14. Greetings; I am rated @ 90% w/one condition being a total knee replacement - 2 years old. Bottom line is that the process did not work. I have constant pain and walk with a cane. It is also causing my left knee to have pain and discomfort. I am due to have a Dr. appointment this month and need to ask anyone w/this condition - do they do it over or make a brace or what. I have a feeling that nothing will happen just like the treatment after the operation. Any suggestions - put in for an upgrade in the VA benefit for the knee? What would I have to prove? Anyone go thru this a second time?
  15. I'm not sure if this has been posted but it is important and I would like to get this out. In this weeks Army Times there is an article about a JAG who started a website for those about ready to get out under a disability (PEB). It is www.pebforum.com , I looked at the site and it has a lot of good info. I noticed some new individuals about ready to get out asking about PEB's in the active and reserve systems. Looks like a helpful site to guide them to. Have a great ARMY DAY......
  16. It is the Navy Sea Service Deployment Ribbon. I was in the navy for 2 1/2 years, 1973-1976, USS America CVA 66 and the USS Vulcan AR5. The America was sunk by the DOD as a test a few years ago and the Vulcan is scrap.
  17. I am retired w/28 years Army. I am rated @ 80% now. I just had a Total Right Knee replacement that will, per the call from the VA yesterday, have me temp rated at 100% for 1 yera. The question is, this is temp but nontheless 100%, will I receive all military retirement and 100% VA disability for the year. The CR phase in allows 100% military and VA disibility w/no phase in. But as this is a temp 100% will I qualify? Thanks, lewis moore
  18. I am 80% rated service connected. I submitted a claim for increase for my back and hearing loss. The question is: If at the conclusion of the process and I am not rated 100% schedular, say I am 90%, and ask for an increase to 100% based on "extra-schedular rating" will this benefit me or not. I am retired Army and if I receive the 100% extra-schedular will I then receive 100% disability pay along with my 100% retired pay or will I just shoot myself in the foot? Or is it treated the same as TDIU which is not a benefit for 20+ year retirees until 2008?
  19. I have chronic lower back pain service connected and rated @20%. I hare been diagonosed w/osteoporois in the L-4/L-5 and documented as "High Risk Fracture". Can this be claimed as secondary to the back strain?
  20. At this point it does not prevent me from working though it in painfull at times. Sleeping is 1-2 hours at a time at best throughout the night due to pain on sleeping on that side. But I will try to work as much as possible. It keeps me sane.
  21. The 80% is a total of several problems. I was rated 30% for removal of R-kidney. I guess the real question is, after reading the CFR, that does not explain in detail - is as the remainig kidney is not service related in the sense that it was not claimed in any original claim(s) but is my remaining kidney and if it were not for the removal of the right one, thus leaving one kidney - the left kidney would not be an issue as I would have the right one left. The bottom line is if the left one becomes a serious problem can I submitt a claim based on that thinking. The proxmiate cause of my condition is a result ofv the removal of the right kidney. BTW the ribbon in question is the Reserve Components Overseas Training Ribbon.
  22. A few years ago - also within the 1st year of my retirement from the Army - I contracted kidney cancer in the right kidney. It was removed and all was well - for a while. I now have some issues with my left kidney. it is cystic and loaded with stones and some other problems - not a good situation to be in. The question is as a result of loosing on kidney to a SC problem if my left one goes south and I need a transplant and or dialysis will it be rated as a result of having one kidney due to SC? I am now 80%. I need to look to the future to for the sake of my family and want to make sure we do not have any financial problems if the condition worsens. many thanks.... BTW is there a spell check on the tool bar??????
  23. I retired in 2002 and part of my disability was a back injury. I have experienced severe pain and discomfort in the back and neck. I had a Bone Density Scan done and it showed a -3.9 in the spine and -2.3 in the neck. Severe osteoporosis is a score of -2.5 or lower. It was noted that I am a high risk for back fractures. Can the osteoporosis be a result of a back injury and can I claim it as secondary to the back injury? Thanks..... God Bless Our Troops Lewis Moore SFC (RET) 80% Cancer Survivor
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