Orthopedic Surgeon From Va Called Me Today

[JayBrown1]

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]

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?

[JayBrown1]

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.