Service Connected Disability Surgery

[wlphill1961]

I am rated at 40% for my right knee. I am going to be having my right knee replaced in 3 weeks at a VA hospital. My question has two parts: one is I was told that I would get 100% disability for 12 months while I am recovering, Is this true? My second question is, what do I have to do if that's true and how long does it take to get the money? I am only asking because my family is in desperate need of the extra money. My wife and I are taking care of 4 extra family members and we are hurting financially. Thank you so much for any help that I might get.

[brokensoldier244th]

Sort of. The convalescence period is dependent on what your doctor says your recovery time will be, and its not always going to be 12 months, probably more like 'up to' 12 months. In order to get it youd have to apply for it after the fact, I think, though you might be able to get the wheels going while you are still in the hospital. Make sure you get a copy of all your records from your surgery so you have them rather than waiting for VARO to get a hold of them. Good luck with your surgery.

[sharon]

38 CFR 4.71a

5055 Knee replacement (prosthesis).

Prosthetic replacement of knee joint:

For 1 year following implantation of

prosthesis .................................... 100

With chronic residuals consisting of

severe painful motion or weakness

in the affected extremity ..... 60

With intermediate degrees of residual

weakness, pain or limitation

of motion rate by analogy to diagnostic

codes 5256, 5261, or

5262.

Minimum rating ............................... 30

[cooter]

In all actuality, you will end up with 13 months convalescence pay.

When do you apply? I applied for mine when I found out when the surgery date was set. Others here stated their VARO wouldn't let them until after the surgery, so I guess it depends which RO your claim is at.

How long for money? Again, it depends on your RO, some are faster than the others.

[USNDW]

cooter is correct. The month of surgery + 12 months of 100%.

You can try to let them know you will be having the surgery and the day after the surgery you can ask them to fax the records to the Regional Office. I believe you can contact the patients advocate or social worker and explain your situation. Maybe they will help. The convalescent claims are not supposed to be handled like a normal compensation claim, but there are people who have had to wait 3 months or longer for the pay. I think that is ridiculous, and that is why you might want to elicit some help prior to the surgery.

Good luck with the claim, and the knee. Been there, done that.

[wlphill1961]

I have two more questions; I just got off the phone with my doctor's nurse and she informed me that before my right knee ( rated 40% ) could be replaced that I am going to have to see a dentist and have a rod removed ( not service connected ) from my right femur. I know that I need to have a couple of teeth removed but this was never brought up when I had my right ankle (not service connected ) fused and had hardware removed and more added. My first question is since they are requiring me to see a dentist, shouldn't the VA pay for it? At this time I cannot afford to pay for a dentist ( Social Security is taking 1/3 of my SSD for a supposed overpayment from 2004 ). My second question is while all of this is being done before the actual knee replacement do I still qualify for the temp increase of 100% while all of this is being done?

[cooter]

Wow! Your Dentist must be Jack of all trades. lol just kidding! What are your Dr's concerns with your teeth? Are they worried about infections?