tdiu Ime Examiner Finds Other Disability

[cooter]

I went to see a Orthopedic Surgeon to conduct an examination for a IME he's willing to do, for free! During the exam, he noticed from an xray he took earlier of my knee, that I have Arthrofibrosis due to my Total knee Replacement I had back in 08. He also mentioned, in his opinion, I have Chronic Regional Pain Syndrome in the same leg.

My question is; Can these be brought up as extra evidence for my claim TDIU? I am wondering if this should be brought up at all, since I'm not SC for them. Or maybe if it was brought up, they would send me for another C&P examination.

This IME is for what the C&P examiner stated in his report, that I was able to do sedentary work.

Any opinions on this?

Coot

[jvretiredvet]

I recall you asking in another thread about knee arthrofibrosis and where it would be found in the Rating Schedule. I answered that question, but I was unaware that you had had an earlier TKA .

Because the arthrofibrosis and the "Chronic Regional Pain Syndrome" are related to the TKA, they can be service connected. However, I don't see them receiving separate evaluations. Rather, the two will be (and perhaps already are) included in assigning the evaluation for the TKA.

Look at DC 5055, (Status Post) Knee replacement. The minimum evaluation is 30% because a certain amount of limitation of joint extension/flexion/stability deficits are generally anticipated s/p a TKA . There are possibilities of sumpin' between the 30 and the 60%, but it has to be rated by analogy to DCs 5253, 5261 or 5262.

When you send in the IME, I'd still make note of the fibrosis and the pain syndrome though.

BTW, what did your orthopod say about any inability to do sedentary work. ?

I went to see a Orthopedic Surgeon to conduct an examination for a IME he's willing to do, for free! During the exam, he noticed from an xray he took earlier of my knee, that I have Arthrofibrosis due to my Total knee Replacement I had back in 08. He also mentioned, in his opinion, I have Chronic Regional Pain Syndrome in the same leg.

My question is; Can these be brought up as extra evidence for my claim TDIU? I am wondering if this should be brought up at all, since I'm not SC for them. Or maybe if it was brought up, they would send me for another C&P examination.

This IME is for what the C&P examiner stated in his report, that I was able to do sedentary work.

Any opinions on this?

Coot

[cooter]

He said with the amount of decrease in ROM and the dosage from the opiates should be enough to qualify totally disabled. He also went on to say that there is a chart in the medical journals that show what range in degrees are needed foe walking, climbing, bathing and rising and sitting from a chair. In my case, sedentary work requires sitting 6 out of the 8 hour work day, and need a flexion of 93 degrees to sit and rise comfortably from a chair. Anyway, he is going to base his opinion on ROM and Opiates.

Coot

[iceturkee]

He said with the amount of decrease in ROM and the dosage from the opiates should be enough to qualify totally disabled. He also went on to say that there is a chart in the medical journals that show what range in degrees are needed foe walking, climbing, bathing and rising and sitting from a chair. In my case, sedentary work requires sitting 6 out of the 8 hour work day, and need a flexion of 93 degrees to sit and rise comfortably from a chair. Anyway, he is going to base his opinion on ROM and Opiates.

Coot

would love to see a link to this if you have one coot. thanks.

[cooter]

Sure no problem, as a matter of fact I'll get on it right now ice.

[cooter]

Here's 2 sites that gives the activity in degree's.

ScienceDirect - Gait & Posture -Volume 12, Issue 2, 1 October 2000, Pages 143–155

Check out the "Abstract" section

Good Ref; Causes of arthro-Fib;Techniques in Knee Surgery 4(3):163–172, 2005

Check out the "Introduction"

Coot