degenerative arthritis Am I elegible for 100% temp for TKR

[mtmorical]

In another post I had tons of questions regarding my claim and the TKR! Thanks all those who helped! I hope I put this one in the right topic!

I was told to go to my VA and get copies of my clinic visits and my surgical reports, which I did yesterday! I have a couple questions/concerns that I fear may make me ineligible.

Clinic Notes:

Several times it was mentioned that I wanted the TKR on my right knee (fact), I was concerned about this until you get to the clinic note where we met with the surgeon and he stated "Mr XX wants the surgery for fancy word for TKR, given the state of advanced end stage degenerative arthritis, and his young age I agree and that the TKR is the best chance of improvement, Mr XXX will also require TKR on his left knee in near future."  

Will the fact that I stated I want the TKR become an issue?

Also, in the progress notes it states "residuals from previous ACL repair" are they saying that my knee needed a TKR because of the ACL repair? That happened prior to the military and I received a waiver with MRI that showed NO signs of degenerative arthritis or degenerative joint disease.

Finally they also did MRI's on my back, and now they are saying I have DJD in that area as well. Can I get that connected to my right knee which is SC? Can I get my left knee SC do to favoring my right knee for so long it affected my walk?

Below are some notes about my knee, please let me know any input you have or if you need additional information, I have it all in from of me.

Progress Notes:

Impression:

Residuals from previous ACL repair.

Significant increase of degenerative changes involving the right knee complex since 12/2003 (last review)

Surgical Notes:

Preoperative Diagnosis:

1) Right knee end-stage degerative joing disease.

2) Prior ACL reconstructions, right knee.

Same notes for posoperative.

Radiology Reports:

Large suprapateller effusion progressed since prior MRI, soft tissue of ligamentous injury cannot be excluded.

 

 

[broncovet]

Just add up how much money it will cost you by delaying filing for dependents, your other knee etc.  

It may be hard to figure out, as you dont know for sure, what the percentages will be.  

How long do you want to wait to get paid?  The earlier you apply, the earlier you will get benefits.  

Better is to file now, and, if you are simply overwhelmed with "too much money" unable to spend it all, then donate a portion of it to hadit and Tbird to continue the site.  

[broncovet]

1. The surgeon cannot perform the surgery without your permission.

2. You said you are already SC for the knee.  

3.  The condition apparently worsened and warrants a TKR.

4.  Doctors dont perform unnecessary TKR's.  They are a radical step, irreversable, and they dont want to get sued for performing unnecessary surgery.  

5.  You are doing the right thing.  Be prepared.  Now, research BVA/ CAVC cases.  You can type in "Elective TKR" and see what pops up.  I would rather teach you how to do that, than to do that for you.  REad the applicable cases.  

6.  After you have done all this, stop worrying.  VA uses fear as a tactic, to keep us from applying for additional benefits we deserve.  Dont fall for their scare tactics.  

7.  Include, in you PPPPP (Proper Preperation Prevents Poor Performance), a backup plan.  That is, cut back your expenses now, preparing for a longer wait than expected.  VA claims almost always take longer than expected.   

[mtmorical]

Thank you for your response! I have looked at cases and seems as though most cases similar the Vet won, there is obvious change in the condition after service which warranted the SC to 10% I have now. That helps me alot to know that. 

I did also read where there have been cases that the surgery temp 100% was denied because it was caused by factors outside of the SC.

If they are saying its because of the ACL  surgery then they never should of allowed me to serve because that was in High School.

Once my open claim for temp 100% is closed I will add my dependents and I will do a new claim for my increase on my right knee, having my lower back and left knee to be connect to my right knee right? (or do I want til after the covelance period) 

I dont neccessarily want to "milk" the VA for all the disabilities because they are not disabilities right now, I manage through the pain, and as soon as I can get my doctor to let me go back to work I will. I just want to make sure my basis are covered for future problems.

[mtmorical]

Your right, I just know there are other Vets in worse places.....

Should I have a VSO do these additional claims? 

[broncovet]

Many of us utilize the experience of hadit vs a VSO.  Hadit volunteers do not profit one penny on whether you take our advice or not.  We provide a service exclusively to give back to Veterans.  

The VA does not provide us with free rent in a VAMC or VARO, like what happens with VSO's.  Instead, all hadit volunteers rely on paying their own rent, or on owning our own home.  I am aware of not a single hadit volunteer who has been offered free rent by VA.  

Our boss does not collect a 350,000 per year salary for adherence to VA policies and procedures, like the VSO bosses do.  

If you are in a dispute with your neighbor, think long and hard before  take the advice of an attorney your adversary picks out for you and pays the bill for you.  Be especially wary when your adversary pretends to be your friend by saying things like, "we are a pro Veteran, claimant friendly organization."   Or, "We are with the VA and here to help you so you need to trust us".

Remember, the VA exists as a very generous welfare system for its own employees.     

For the reasons, above, and for still more "first hand experience" of what VSO's do, I elect to be represented by an attorney of my choosing, or go pro se.  

However, I recognize that not everyone is in my situation, and they may well come up with a different solution than the one I came up for my family.  

The importance of your selection of a representative to your outcome can not be overstated.  Choose wisely, and ask lots of questions.  

Edited April 13, 2016 by broncovet