Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Another Knee Question - Need Your Help


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.

Link to post
Share on other sites
  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

  • HadIt.com Elder

"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?

Link to post
Share on other sites

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

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines