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Orthopedic Surgeon From Va Called Me Today


JayBrown1

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I got a call today from the orthopedic surgeon at the VA hospital today informing that they have me scheduled for right knee replacement surgery for January because they are backed up and won't be able to get to me until then and to continue my pain medication regimen (oxycodone 4xdaily and methadone 3xdaily). My right knee is rated at 20% which I believe should be rated higher. My left knee has been fused since 1989 rated at 40% and back rated at 40%. I was told by VA that my right knee was not severe enough for a higher rating butmy medical records and xray showed my knee to be severe and lack stability for daily walking. Can anyone give me information on how to present my case?

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If these conditions cause you to be unemployable have you filed for TDIU yet?

If the NOD period is over from those last ratings, you can re-open with any new and material evidence that warrants a higher rating-per the rating schedule-

"I was told by VA that my right knee was not severe enough for a higher rating but my medical records and xray showed my knee to be severe and lack stability for daily walking"- did they say that in the last decision and did you file NOD on it?

You can attach to the NOD the medical evidence that warrants hiogher rating as well as the part of the Schedule of Ratings that warrants it.

If you are not working I would attach a filed out TDIU form too.

You also might possibly be eligible for Temporary 100% due to the surgery or convalescense-due to the surgery --- those regs are here too-

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I got a call today from the orthopedic surgeon at the VA hospital today informing that they have me scheduled for right knee replacement surgery for January because they are backed up and won't be able to get to me until then and to continue my pain medication regimen (oxycodone 4xdaily and methadone 3xdaily). My right knee is rated at 20% which I believe should be rated higher. My left knee has been fused since 1989 rated at 40% and back rated at 40%. I was told by VA that my right knee was not severe enough for a higher rating butmy medical records and xray showed my knee to be severe and lack stability for daily walking. Can anyone give me information on how to present my case?

JayBrown1:

Now is the time to request housebound as well because you are entitled to temporary 100% because of the knee replacement. I was considering having a knee replacement done and a very good friend of mine within the upper floors of the VA told me that with a knee replacement surgery it is automatically rated at temporary 100% for 13 months. I would go to relief of information and request the record of the phone call from the ortho doc and attach with new evidence stating that the condition of your knees has worsened. This should be enough for you to get an increase as well as start the request for temporary 100% at the housebound rate. Hope this helps. If there is anything that I have told you in error please forgive not by intentions just trying to assist.

jmack

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Jay - get a statement from the doc NOW and send in your request for 100 percent. As slow as the VA is you want to get a jump on this.

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Jay:

Good Luck looks like you already got some great advice. When I applied for Housebound I got it within 4 months.

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You might also consider applying for TDIU due to the pain meds and I would assume you are in a "haze" most of the time.

I take Fentanyl and Oxycodone daily and I know I sure am "hazy" and drowsy all the time.

Bill

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I wonder if you could get housebound due to being on morphine and oxycodone. Some days I can just barely walk around the house without falling down. If you drive and get pulled over and have a blood test for DUI you are sunk if you have opiates in your system.

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If these conditions cause you to be unemployable have you filed for TDIU yet?

If the NOD period is over from those last ratings, you can re-open with any new and material evidence that warrants a higher rating-per the rating schedule-

"I was told by VA that my right knee was not severe enough for a higher rating but my medical records and xray showed my knee to be severe and lack stability for daily walking"- did they say that in the last decision and did you file NOD on it?

You can attach to the NOD the medical evidence that warrants hiogher rating as well as the part of the Schedule of Ratings that warrants it.

If you are not working I would attach a filed out TDIU form too.

You also might possibly be eligible for Temporary 100% due to the surgery or convalescense-due to the surgery --- those regs are here too-

I just got copies of VA doctor's statement and all progress notes of last 6 months treatment, I am now composing a formal claim to submit NOD with all evidence I have compiled. Is there anything specific I need to put in my letter?

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I just got copies of VA doctor's statement and all progress notes of last 6 months treatment, I am now composing a formal claim to submit NOD with all evidence I have compiled. Is there anything specific I need to put in my letter?

I received a letter from VA today with confirmation date of surgery. I will also submit a copy of it with doctors notes to my NOD.

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