5055 And 5257

[Louie]

Can 5055 (knee replacement) and 5257 (lateral instability in the knee) be assigned as separate disabilities without pyramiding?

It is my understanding that 5055 and 5257 do not have overlapping manifistations. 5055 rating is affected by severe pain or weakness (30% vs. 60%). 5256, 5261, and 5262 seem to have overlapping disibility traits with 5055, but 5257 does not seem to overlap with 5055.

Your thoughts/references?

[Louie]

Berta and others,

What do you think about the question two posts below?

Thanks in advance,

Louie

[Berta]

I would raise this as part of your claims issue-

and send them (even though it isn't precedent) a copy of this decision (wish we knew what the remand entailed)

to support the essense of your claim-and ask them to consider the court's rationale-

because the court appears to definitely be saying that BVA erred and that separate ratings are possible under the regs they cited.

Have you found anything at the BVA to help you?

[Louie]

Thank you! I found 96-46 591 citation 0012473 and citation 0305273.

It is clear. A veteran was seeking an increased rating following knee replacement. The RO disallowed the increase and upon appeal to the BVA the case was remanded because instability of the knee is not an overlapping symptom dealing with limitation of motion.

Subsequently, the RO gave the veteran 10% for instability (in addition to the 30% for knee replacement).

The veteran appealed again to the BVA asking for an increase to the ratings. The BVA did not grant an increase but left the 30% rating for the knee replacement and the 10% for knee instability in place.

(NOTE: The replacement and instability where for the same knee.)

Thank you for the tip.

Louie