Knee Rating

[hayley3]

I have bad knees. Was told I have crepitus but nothing found on xray. However, I cannot squat down or get back up without severe pain. I also have pain going downstairs.

In looking at the regs, it mentions knee replacement, and knee ankylosis, which I don't have. It also shows Knee Other with subluxation or lateral instability, which I guess I don't have either.

The C&P examiner had me move my leg up and down sitting on the exam table, but it doesn't hurt then.

Is there anyway to claim the pain I have when using my knees?

Also the report said about my hips, that my ROM was limited with weakness and pain and the xrays shows some sclerosis and cystic changes of right hip but were otherwise negative. Can't I claim that either? All I see is ankylosis of the hip.

I actually have like a tendonitis which doesn't show on xrays too well. But I didn't think the xrays were as important as pain and ROM. Still learning.

Thanks,

Susie

[MRRRR5]

Hayley3,

in my opinion, if the x-rays show a secondary disability related to a service connected disability, you should file for that also.

Depending on the outcome of your claim, I would consider requesting another C&P from the VARO since the examiner did not apparently address your knee issue while standing/using your knees.

I'm not to versed on the other hip issue you raise, but I'm sure some of the other HADIT family members will chime in.

Good luck and I hope your claim is approved.

Hayley3,

in my opinion, if the x-rays show a secondary disability related to a service connected disability, you should file for that also.

Depending on the outcome of your claim, I would consider requesting another C&P from the VARO since the examiner did not apparently address your knee issue while standing/using your knees.

I'm not to versed on the other hip issue you raise, but I'm sure some of the other HADIT family members will chime in.

Good luck and I hope your claim is approved. B)

[sehinchee]

try functional loss CFR 38 4.40 along with the range of motion regs

[hayley3]

Thanks MRRRR5, they completely ignored my knees and they would be sc'd if I could get them to look at them correctly. I am writing the NOD, so I will mention that she did not have me squat down. Good idea!

Thanks sehinchee. I hadn't read that, so I could quote it when I write my NOD. But I don't know what schedule of ratings code my knee pain should go under.

Thanks,

Susie

[JR Reihs]

hayley3,

Ever thought about having a IMO done by your own Ortho? This kinda throws the ball back into your court.

[Teac]

Thanks MRRRR5, they completely ignored my knees and they would be sc'd if I could get them to look at them correctly. I am writing the NOD, so I will mention that she did not have me squat down. Good idea!

Thanks sehinchee. I hadn't read that, so I could quote it when I write my NOD. But I don't know what schedule of ratings code my knee pain should go under.

Thanks,

Susie

Hayley,

i hate to burst your bubble.. but

The fact that you did not squat down during your C/P exam , doesn't mean squat. The examiner had you move your legs up and down while sitting on the exam table, the examiner was checking your range of motion... that is what the examiminer should do.

Knees are rated on limitaition of motion not pain caused by squating. If you nod based on an inadquate exam it won't do you any good....

Please read your rating carefully it will tell you what is required to get a rating for your knees,

also review the examination sheet for knee exams,

Look at the examination sheet at: http://www.vba.va.gov/bln/21/Benefits/exams/disexm34.htm

and look at the rating schedule for knees:

I wish you luck, but based on what you said I don't think you have a valid appeal, Now this is just my humble opinion, I am not a doctor.. but I know a little about it becasue I have a knee problem and two seperate ratings for loss of range of motion and limited flexion.

You may be able to get rated under other imparement ..I don't know....

Edited July 16, 2008 by Teac

[rentalguy1]

I'm not sure what you are rated for, but if it is your back or a foot/ankle, then you can possibly get the knees rated as secondary. They would most likely be rated under dx code 5257. They are not rated (usually) on limitation of motion, as was previously stated. I would not look for more than a 10% rating for each knee. The key to getting this rating might be an MRI. See if your PC doc can schedule you for one. Try to get them to do one of your hips as well. I am not 100% clear how the hips are rated, as I am not rated for them. I have been rated for knees since 1994, though.

One last thing to keep in mind, the VA may try to come back at you with "painful motion is not a ratable condition, in and of itself." If the MRI doesn't show anything, try to talk your PC doc into some kind of a indisputable diagnosis that is entered into your VAMR's.