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Another Knee Question - Need Your Help


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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.

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"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."

Is it normal for a knee replacement to be re-done due to

being 'destroyed during therapy'?

I know many complications can happen that are not the fault of the surgeon or VA but still-

did this happen at a VA hospital or while in the military?

If a VA hospital causes a veteran additional disability due to negligence-they can be sued and/or a Section 1151 claim can be filed.(38 CFR 1151)

Then again this operation could correct a past medical error and there would be no basis for 1151.

I would certainly think they would owe you the 100% temp again if the same criteria is met for this rating.

If there is additional ratable disability however-due to this medical re-do-

you could claim higher rating due to the residuals and also claim additional rating under Section 1151- if this was due to medical error that caued the re-do- and that it was a highly unforeseen event for this type of operation.

You are claiming DC 5055-what was the code before and what was the % for the knee before?

A USAF SC retired vet cuts my horse pasture every week- he had 2 knee replacements from the VA and was here yesterday.

He told me one of the replacements was messed up at first and then redone but he said this was something they told him that could possibly happen in his case.

Has the VA admitted in your medical records that some incident during VA therapy caused the need for the additional replacement?

The new replacement operation could make your level of % rating stay the same -it did for the vet I know-It is more residuals at a ratable level

that could provide additional compensation.

What rating are you seeking other hen the 100% Temp COmp?

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I had both knees replaced at the same time.I don't know if this answers any of you questions,but I got 100% convalesence for 13 months,which they said was the longest you could get.Then it went to 30% each knee(60%),which is where it is now.I have tried to get the 30% increased because of continued severe pain,lack of mobility,but have been denied,thus far.Good Luck

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