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Temporary Increase Info Needed


pattimelt

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Having total knee replacement done in November, 2014, as part of my service connection. Was told by someone that I would get 100% disability after surgery. When will this start, and how long does it last? I want to give my boss some sort of idea of when I can return to work, too..

Who does that paperwork? Is it part of the preop stuff I have to do with my ortho surgeon? Hell, I don't even know where to find some of this stuff..

Thanks for any info..

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  • HadIt.com Elder

I think that they will pay you longer than you need to be off. You should talk to the surgeon they should be able to give you an idea how long you will be off work.

Good luck

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http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files2/1417600.txt


This recent BVA decision has some rating info for TKR you might need:

In part:

"The Veteran's post-TKR, right knee disability has been assigned a 30 percent [minimum schedular] rating under Code 5055 (for TKR). His claim for increase was received in January 2009.

Under Code 5055 (for knee replacement (prosthesis)), a 100 percent rating is to be assigned for 1 year following implantation of the prosthesis. Thereafter, with chronic residuals consisting of severe painful motion or severe weakness in the affected extremity a [maximum] 60 percent rating is to be assigned. Intermediate degrees of residual weakness, pain or limitation of motion, are to be rated by analogy to Codes 5256, 5261, or 5262. The minimum rating is 30 percent. 38 C.F.R. § 4.71a.

In rating disabilities of the musculoskeletal system, additional rating factors include functional loss due to pain supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. 38 C.F.R. § 4.40. Inquiry must also be made as to weakened movement, excess fatigability, incoordination, and reduction of normal excursion of movements, including pain on movement. 38 C.F.R. § 4.45. In determining the degree of limitation of motion, the provisions of 38 C.F.R. §§ 4.10, 4.40, and 4.45 are for consideration. See DeLuca v. Brown, 8 Vet. App. 202 (1995). "

The veterans succeeded in getting a 60% SC rating on appeal.

What I am assuming is that they should award the 100% under DC 5055, for one year after the implant, without a need for the veteran to file for temporary convalescence compensation.

Hope others chime in on that.

It would be a good idea to get copies of all of the medical records that the surgery involves.

This way you can file the claim as soon as the surgery occurs with copies of the medical evidence you will need.

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