Wheres my rating??

[Journey12]

Hello, I'm new here. I'm in a 6 year wait to receive compensation. Received letter from BVA dated November 4th, granting service connection for left knee disability, manifested by arthritis, and residuals of a bilateral foot injury, manifested by neuropathy as due to cold weather exposure. No further instruction were included as to rating and/or benefit info. Ebenefits was updated 11/26, indicating a combined disability rating of 30%, 10% for knee and each foot. I'm puzzled as to how RO has concluded rating on knee, due to the fact in 2013 I had a total knee replacement. I was expecting knee alone to be 30%, at bare minimum. This 12 page letter from BVA VLJ includes discussion of my total knee replacement and also three scopes done on knee prior to TKR. It's there in black and white! Is it likely RO has overlooked something so obvious?! Or is it possible they are still working on rating and just entered bare minimum rating on each to get me in system?? Just recently, as of 11/26 was I able to add dependents. Before then I couldn't update any info such as banking info and spouse and children without 30% rating. I have yet to receive any letter/paperwork from RO, though I'm anxiously awaiting to better understand their conclusions. I'd appreciate any advice and opinions. Thank you in advance!

Edited November 29, 2015 by Journey12

[Gastone]

10% may be the Knee Rating per Rating Schedule after Replacement Surgery. What did your C & P DBQ say? Did the BVA ever Remand to the RO for another C&P of your knee?

The big deal is,now you have SC's for your Knee & Feet. Do you try the CAVC regarding Knee Rating or do you just suck it up and file for an Increase? You might want to avail yourself of a VA Appeals Lawyer FREE consult to determine the merits of continuing your appeal. Probably have another year or so wait time, with CAVC.  Run the numbers, your current retro will be at 30% rate vs the maybe (30Knee+10x2Bilateral=21) = 40% possible staged.

Semper Fi

[Journey12]

Thanks Gastone. Yes, my appeal was remanded. My last cp exam was May of this year. I do not have those results. I guess I set my hopes too high after reading in multiple places minimum rating on total knee replacement is 30%. I'll know much more when I receive letter from RO.  Thanks again. 

[Navy04]

Congrats on the good news, as far as knees go, I have had multiple surgeries on R knee, and waiting for L knee, and I too only get 10%, I have seen most Vets get 0-10% after knee replacements, due to VA Docs expecting Vet to be better able to walk and less pain. Good luck and God Bless.  Keep us posted

[Journey12]

Thanks Navy04! Hope all works out with future procedures on your knee. Yea I've seen on multiple sites minimum rating on total knee replacement is 30%. But it doesn't mean nothing till I see it on an official letter from RO lol. My knee was pretty trashed had to remove a significant amount of femur during replacement, still have pain, stiffness and limited flexibility. Here's just a couple links that I've read 30% minimum on TKR...
http://www.militarydisabilitymadeeasy.com/kneeandleg.html

http://www.gpo.gov/fdsys/pkg/CFR-2011-title38-vol1/pdf/CFR-2011-title38-vol1-sec4-71a.pdf

I check mail today and have an envelope from my RO, I'm thinking ok, here's my benefit info...open it to find a form for service disabled veterans life insurance. Where in the heck is this rating letter lol. Here's what ebenefits looks like on my end. I'm confused to where they're getting this December 1, 2014 date from as well. 

Thanks again, take care.

Edited December 1, 2015 by Journey12