100% Temporary Expired This Month...when Do We Apply For Increase?

[xray328]

Hello everybody. My wife had a total knee replacement on 9/11/2009. This resulted in her being awarded 100% temporary disability for 13 months. She got her final 100% payment this month (Oct 1). A total knee replacement is rated at 30% so next month her disability goes down to that 30% for her knee. The disability can be rated as high as 60% for weakness or residual pain in the knee versus the standard 30%. She has zero quad strength, still had a very hard time walking up stairs, and can't do a straight leg raise to save her life so we want to apply for the 60% rating.

My question is, will the VA reevaluate her on there own sometime soon, or should we apply for the increase on our own. Can she apply now, or do we need to wait until Nov 1st? I'm not sure if she's at 30% right now or if that starts on Nov 1 since she got a 100% payment on Oct 1.

Thanks in advance!

[cooter]

Hello everybody. My wife had a total knee replacement on 9/11/2009. This resulted in her being awarded 100% temporary disability for 13 months. She got her final 100% payment this month (Oct 1). A total knee replacement is rated at 30% so next month her disability goes down to that 30% for her knee. The disability can be rated as high as 60% for weakness or residual pain in the knee versus the standard 30%. She has zero quad strength, still had a very hard time walking up stairs, and can't do a straight leg raise to save her life so we want to apply for the 60% rating.

My question is, will the VA reevaluate her on there own sometime soon, or should we apply for the increase on our own. Can she apply now, or do we need to wait until Nov 1st? I'm not sure if she's at 30% right now or if that starts on Nov 1 since she got a 100% payment on Oct 1.

Thanks in advance!

Hello xray,

All I can tell you is when I had my TKR (Total Knee Replacement) in May 08" the VA called me in for another exam 1 year to the date. The examiner asked some questions like ' is there any pain, how does your knee react when you walk, he did a ROM on the knee, I noticed he watched my every move I made,such as walking to the exam table, getting on and off the table, getting in and out of chair. I think I was in there for about 20 minutes. About 2 months later I recieved a notice in the mail stateing I was 60% from 30. I would guess you should be hearing from them very very soon. If not I would call them and ask when your wifes year exam is. As a matter of fact I would call tomorrow! Question??? Does her brand new knee buckle when she walks??? Now your second question. Her temp 100% is paid for the prior month. So her last 100% check should be Dec.1, being the surgery was 9/11/09. Her 30% starts Jan.

Hope this helps you guys. I'm sure someone else will chime in on thier experiance also.

[cooter]

Hello everybody. My wife had a total knee replacement on 9/11/2009. This resulted in her being awarded 100% temporary disability for 13 months. She got her final 100% payment this month (Oct 1). A total knee replacement is rated at 30% so next month her disability goes down to that 30% for her knee. The disability can be rated as high as 60% for weakness or residual pain in the knee versus the standard 30%. She has zero quad strength, still had a very hard time walking up stairs, and can't do a straight leg raise to save her life so we want to apply for the 60% rating.

My question is, will the VA reevaluate her on there own sometime soon, or should we apply for the increase on our own. Can she apply now, or do we need to wait until Nov 1st? I'm not sure if she's at 30% right now or if that starts on Nov 1 since she got a 100% payment on Oct 1.

Thanks in advance!

I think I missed guided you on the last date for 100%. Her last one should be Nov 1. Cause Nov check covers Oct.

[xray328]

She said her knee is very stiff and makes walking difficult in addition to what I already posted. Her knee gave out just last week and she slipped down the stairs. It's very difficult to watch her go through all of this, especially since she's only 34. Her thigh has atrophied during this and is a little smaller than the other. Again, her quad strength is almost nothing. Her ortho doc says the muscle is working (he can feel it tighten slightly when she tries to raise her leg), and it just needs time to come back to 100%. Seems to me like there should be a lot more improvement by now. Personally I think it has something to do with the nerve block in her groin during the surgery. The anesthesiologist said he had a very difficult time getting it to work. Anyway, she's not at all back to normal so I think she's entitled to the 60%.

We thought Oct 1 would of been her last 100% payment - Sep 09 - Sep 10 = 12 Months + Oct 10 = 13 months. December would be awesome, but how did you figure that?

We thought we would of heard from the VA by now too, but so far nothing. I just don't want to apply for an increase if she's still at 100% temporary. On the other hand I don't want to wait unnecessarily either.

Thanks for your help, it's very much appreciated.

[xray328]

I think I missed guided you on the last date for 100%. Her last one should be Nov 1. Cause Nov check covers Oct.

Would it be a partial100% payment from 9/11 to 10/11? Oct 1 - Oct 11 at 100% then Oct 12 to Oct 31 at 30%?

[cooter]

She said her knee is very stiff and makes walking difficult in addition to what I already posted. Her knee gave out just last week and she slipped down the stairs. It's very difficult to watch her go through all of this, especially since she's only 34. Her thigh has atrophied during this and is a little smaller than the other. Again, her quad strength is almost nothing. Her ortho doc says the muscle is working (he can feel it tighten slightly when she tries to raise her leg), and it just needs time to come back to 100%. Seems to me like there should be a lot more improvement by now. Personally I think it has something to do with the nerve block in her groin during the surgery. The anesthesiologist said he had a very difficult time getting it to work. Anyway, she's not at all back to normal so I think she's entitled to the 60%.

We thought Oct 1 would of been her last 100% payment - Sep 09 - Sep 10 = 12 Months + Oct 10 = 13 months. December would be awesome, but how did you figure that?

We thought we would of heard from the VA by now too, but so far nothing. I just don't want to apply for an increase if she's still at 100% temporary. On the other hand I don't want to wait unnecessarily either.

Thanks for your help, it's very much appreciated.

I stand corrected. My addition isn't doing to well tonight. My first check was the differance between the first 2 months. Was yours not? Anyway, I wouldn't worry about applying for increase untill she has her year exam. Like I said earlier, they granted me 60% without filing for increase. My 30% only lasted a couple of months after the temp 100. If it was me, I would get her in to see a ortho Dr. at the VAMC and have the problems shes having recorded on her medical records. Seriously! It sounds like shes having a terrible time with this. Good Luck my friend.

[xray328]

I stand corrected. My addition isn't doing to well tonight. My first check was the differance between the first 2 months. Was yours not? Anyway, I wouldn't worry about applying for increase untill she has her year exam. Like I said earlier, they granted me 60% without filing for increase. My 30% only lasted a couple of months after the temp 100. If it was me, I would get her in to see a ortho Dr. at the VAMC and have the problems shes having recorded on her medical records. Seriously! It sounds like shes having a terrible time with this. Good Luck my friend.

She had her TKR at a civilian hospital, not sure if that makes a difference. I'm not even sure how to get her into to see an ortho doctor at the VAMC since the only time she was at the VAMC was for her compensation exam. All her care has been outside VA thus far.

Again, her year was up over a month ago and we haven't heard from the VA about a reevaluation. I guess that's why I'm unsure on how to proceed. I though maybe they would reevaluate at the 13 month mark until you said otherwise. If we don't hear from them by early November, what should we do?