Second Surgery For Injury

[HPSE-7]

Just a quick question if someone can point me in the right direction I would truly appreciate it.

I am SC for several issues, my appeal for an additional knee injury is now in the DRO decision phase.

I went ahead with my insurance and had arthro on the knee.

Now 18 months later a specialist is now telling me I will need a partial or total knee replacement to correct the knee pain I am still having.

Can I file again for the 2nd surgery, obviously the condition has become worse and ask for disability for the 6-8 weeks it will take to get through the surgery and physical therapy?Thereby asking for a increase in disability rating as well.

Let me know, just lost at the moment about what to do.

Thanks

[sharon]

I would add the evidence to my appeal, otherwise, you still have to prove service connection in order to get an increase. In order to reopen a denied claim you must have new and material evidence. Should the DRO approve your claim the evidence for a Temporary 100% will already be of file.

[HPSE-7]

Sharon,

I have a Nexus on this leg on appeal that is now at the DRO in final phase. I was told if I submit any eveidence at this point it stops the process and I back to the end of the line. Please let me know if that is not the case. I have been waiting since August of 2010 for this to get finished. Since that date I have injured the other leg and also had surgery (arthro), which this has caused the new pain and need for surgery to correct. Long story short, they have removed enough material from both knees that now there is bare minimum cartilage on both interior sides of the knees and max'd on exterior causing a tilt acroos the joint.

Now looking at having both repaired at the same time to give me 10-15 years of use before I need a total replacement.