tdiu Total Knee Replacement

[rsforster]

Greetings all!

I am a 50 year old male who has had a TKR last week and I am curious about a few things. I have been rated 70 %, TDIU 100 % pay total and permanent. What I need help with is the SMC S and also the increase of my rating for said knee.

I have also had an appeal bouncing back and forth for my right knee. I have had an increase denied up to BVA. A group out of D.C. called the NVLSP contacted me about taking this to the next step. I did so and the decision from the U.S. Court of veterans appeals decided in my favor and sent my case back to VARO for the correction needed. Received notification from VARO that they would stand on the 20% with 10% residual for arthritis.

The main area I need help with is how would I go about getting my rating on knee raised now that I have had the surgery and getting SMC S. I tried calling the Vet Rep at the VAMCNLittle Rock and he didn't really help. My wife has had to drive me to all appointments because of the cocktail of meds I am on for years now. Once again something that no on from the VA has explained to me ( surprise, surprise surprise ). What steps do I need to take?

[jbasser]

For 1 year you get 100 percent

After 1 year they re evaluate it and will reduce you to 60 or 30 depending on the Knee and its condition.

I doubt SMC S will be in play unless you get it in the first year but I doubt it will last.

J

[Dsalyer]

I had my knee replaced three years ago and still rated at 90, just curious do you have any other SC conditions? I applied for TDIU and was denied.

[rsforster]

Besides the 20% for right knee I also have 10% right hip, 10% lumbar, causal to my service connected knee. I am also rated at 50% for depression. Several of these need to be raised and I need to get to get a rating for my left knee. I tried to go through Voc rehab and they told me that I was unemployable. I had the guy write me a letter stating that I was unemployable and I had that with me for my C & P and showed it to the hacks. That was the biggest factor in my getting TDIU total and permanent. I am already having problems with the new knee. I can barely bend it and my foot is pointing further to the right.I haven't been able drive in quite some time due to the the meds I am on such a variety of meds (including 60mg morphine)

[carlie]

Topic moved to Claims / Benefits forum.

[harleyman]

I am a 50 year old male who has had a TKR last week and I am curious about a few things. I have been rated 70 %, TDIU 100 % pay total and permanent. What I need help with is the SMC S and also the increase of my rating for said knee.

I have also had an appeal bouncing back and forth for my right knee. I have had an increase denied up to BVA. A group out of D.C. called the NVLSP contacted me about taking this to the next step. I did so and the decision from the U.S. Court of veterans appeals decided in my favor and sent my case back to VARO for the correction needed. Received notification from VARO that they would stand on the 20% with 10% residual for

The main area I need help with is how would I go about getting my rating on knee raised now that I have had the surgery and getting SMC S. I tried calling the Vet Rep at the VAMCNLittle Rock and he didn't really help. My wife has had to drive me to all appointments because of the cocktail of meds I am on for years now. Once again something that no on from the VA has explained to me ( surprise, surprise surprise ). What steps do I need to take?

If I am interpreting your post correctly, your were s/c at 70% TDIU (paid at 100%) prior to your TKR. Once you had the TKR you were granted SMC S for the knee. And you are trying to keep the SMC by having your knee rated due to residuals status post TKR and the one year time period is over for recouperation of TKR.

SMC S requires a 100% schedular plus 60%. You won't really be able to tell where you are on this until the one year mark following the knee replacement, and an examination is done to determine residuals on the knee.

I do recommend that you have your PRIVATE physician complete the DBQ for knee and lower extremities, I believe our personal doctor's to be much more sympathetic to our disaabilities than any VA doctor. It is mandatory ALL ranges of motion are tested and documented for the examination to be used for determining a level of disability. Once you know any residuals or if the TKR failed, you can then evaluate your picture of disability.

[Berta]

“I had the guy write me a letter stating that I was unemployable and I had that with me for my C & P and showed it to the hacks. That was the biggest factor in my getting TDIU total and permanent. “

I am glad you made that point.

If one is unvocrehabable, due to SC , they are unemployable and TDIU due to SC.

You got great advise here.

This concerns me:

“My wife has had to drive me to all appointments because of the cocktail of meds I am on for years now. Once again something that no on from the VA has explained to me ( surprise, surprise surprise ). What steps do I need to take? “

If I were you or the wife I would look up every med you take on a good net med web site.See if any are contraindicated by other meds.

When was the last time you had a C & P for the 50% depression?

What you are going through now might well have made that worse.

Also

“Types of Knee Replacements and Injuries.

The knee surgery products now on the market include devices from a few companies. Smith & Nephew, Inc created two different types of products for both ACL and total knee replacements called the Calaxo Bone Screws, and the Oxinium Genesis II, and Profix II brand knee replacements.

Other manufacturers include: Zimmer Gender Solutions Knee and NexGen, Stryker Total Knee Replacement Systems, De Puy Corporation's Sigma Rotating Platform and Fixed Bearning products, and DJO Exactech Optetrak Knee System.

Some of the more common problem with some of the devices being reported include: Joint swelling around the knee, chronic pain, loss of flexibility, redness and or irritation in the knee. Blood clots (embolisms) in the leg veins, infection of the site, loosening of the prosthesis from the bone and possible nerve damage.

If you or someone you love has been injured from any of theses knee surgery products, you may have legal rights and options at your disposal. Contact a knee surgery attorney as soon as possible to schedule an initial consultation so you can obtain the answers you need to move forward with a foundation of knowledge. There may be class action lawsuits and settlements starting for these defective knee replacement products. “

- See more at: http://www.resource4thepeople.com/defectivemedicaldevices/knee-surgery.html#sthash.8QhtgQC4.dpuf

http://www.resource4thepeople.com/defectivemedicaldevices/knee-surgery.html

You seem to have many problems after the surgery and if the residuals remain prominent, I wouldn't hesitate if I were you, to find out who manufactured the TKR.

Our hadit member here had basis for a potential tort claim against the VA on a TKR:

My neighbor, 75 years old, had 2 TKRs from the VA, (sced for them) long ago.

and has never had a single problem with them and mentioned to me the other day how he hears of TKR problems now more then ever.

He gets 40% in comp.

Edited August 16, 2013 by Berta