Total Knee Replacement Revision and Compensation ?'s

[Jason1611]

I have a question that I have not been able to get an answer to from anyone. I am 30% service connected for Knee that had a total knee replacement in Dec 2015, I received 13 months temp 100% and than received my 30% for the knee. Knee never worked right and Dr recommended a revision of the total knee replacement done in 2015. Had revision done to my previously totally replaced knee on 25 July 2017, surgical notes list surgery as revision left total knee arthroplasty. Surgeon had to completely remove and replace all prosthetics and components from previous knee replacement, plus added some more. Surgeon told me this will be a harder, longer, recovery than my first total knee replacement. My main question is do I receive the 13 months temp 100% for the revision of total knee, just like when a total knee replacement is done? If so do you file the claim just like for a total knee replacement, is it as easy as that? Anything special that I need or they require to grant it? Does VSO need to do anything special? Is it as cut and dry as it is when filing for the 13 months temp 100% for total knee replacement? Anybody have any experience or advice on this, I would really appreciate it. I just had the revision and I have great anxiety over this going smoothly. Don't know how I will provide for my family if it doesn't, I'm going to be out of work for a long time on this. I'm filing next week when I get all my surgical records with my VSO, so could really use some input. 

Thanks

Jason

[seminoles]

On 7/31/2017 at 8:47 PM, Jason1611 said:

Thank you Porgee, 

Thanks for the info. I'm still wondering if anybody knows if you receive automatic 13 months 100% temp for a total revision of total knee replacement, just like you do when you have a total knee replacement?

Thanks

Jason did you ever find your answer?  My husband is going to have to have surgery as well on his knee, they are going to take a bone graft from his other knee to fix it and I am wondering if he will get temp 100% and for how long......

[RLC]

I had total left knee replacement 10-02-2018 and believe me it's been 8 months and I became infected something awful suffered with unbelievable pain and swallowing with knots all over this  left knee although it's been 8 months I'm barely able to walk well unbeknownst to me the VA calls me said they've scheduled me for an orthopedic appointment with doctor Doll chief orthopedic revision surgeon fron Emory asked why and was told this doctor had reviewed my past x-rays and saw something he wasn't dure of this has me a little worried because I'm just not sure I can go through another awful surgery like the first. I'm not sure in the event if I accept this revision surgery do I refill for an extension for convalesce 100%?just someone with experience in revision and how extension to my now convalesce pay thanks

[Tbird]

bump

[Berta]

It appears that this vet had two periods of temp convalescence  comp.:

https://www.va.gov/vetapp17/files2/1713667.txt

The BVA also rated him higher, than the RO did.

The Diagnostic codes and other rating info is in this decisions regarding a revision of a TKR.

This entire decision might help you- The BVA also states this:

"Moreover, as the Board has granted service connection for degenerative disc disease of the lumbar spine which has yet to be rated; and has awarded higher ratings for disabilities of the right knee as well as for the left knee which will change the combined rating, the TDIU issue is inextricably intertwined and must be deferred on remand for re-adjudication."
 

"Lastly, the Court held that a TDIU rating could serve as the "total" service-connected disability, if TDIU entitlement was solely predicated upon a single disability for the purpose of considering entitlement to special monthly compensation as provided in ง 1114(s).  Accordingly, the Veteran may be entitled to special monthly compensation as provided in ง 1114(s), if he is found to be unemployable due solely to one of his service-connected disabilities and there is additional service-connected disability or disabilities that are independently ratable at 60 percent, which are separate and distinct from the 100 percent service-connected disability and involve different anatomical segments or bodily systems.  See Bradley v. Peake, 22 Vet. App. 280, 292-94 (2008).

[Berta]

Gee, I was answering to a different poster here----

RLC asked:

"I had total left knee replacement 10-02-2018 and believe me it's been 8 months and I became infected something awful suffered with unbelievable pain and swallowing with knots all over this  left knee although it's been 8 months I'm barely able to walk well unbeknownst to me the VA calls me said they've scheduled me for an orthopedic appointment with doctor Doll chief orthopedic revision surgeon fron Emory asked why and was told this doctor had reviewed my past x-rays and saw something he wasn't dure of this has me a little worried because I'm just not sure I can go through another awful surgery like the first. I'm not sure in the event if I accept this revision surgery do I refill for an extension for convalesce 100%?just someone with experience in revision and how extension to my now convalesce pay thanks.

I would think you would be granted an additional  Temp comp payment--O dontse why not 

But what concerns me here is this sounds like the basis for a Section 1151 claim.

Did the surgeon you had ,who did the TKR work for the VA or was he/she a contractor.?

https://www.accesstocare.va.gov/ourproviders

use the state toggle to find out if your doctor is in their list for your VAMC.

Contracting providers are exempt from Section 1151 and FTCA malpractice claims.

 

[Berta]

I need to clarify something:

you said:"appointment with doctor Doll chief orthopedic revision surgeon fron Emory asked"-I think the temp comp might depend on whether he or the surgeon is a VA employee....anyone know?

This case might help you too- as to the ratinngs you should have now and those after any successful revision surgery:

https://www.va.gov/vetapp19/files2/19114934.txt

The vet however was denied Temp comp after the revision because it appeared to improve his situation considerably.

"Regarding the 2013 examination, the Board notes that this is the first exam after the end of the Veteran’s 100 percent rating and that he was already reporting significant levels of pain ranging from 2 out of 10 to 6 out of 10 with persistent frequency. The Board, as noted above, places significant weight on the findings of the 2018 examination. All testing required under 38 C.F.R. §4.59 was conducted. The Board notes the Veteran experienced pain of 8 out of 10 during episodes of locking. These symptoms appear to be consistent in nature from the Veteran’s orthopedic appointment in 2014. The Board finds that the Veteran’s symptoms of anterior instability, pain on movement, functional loss due to pain, and the functional impairment to daily activities of living all warrant a higher rating. All the symptoms and reports noted above form a picture of his disability consisting of chronic residuals with severe painful motion. As a 60 percent rating is the highest rating available under DC 5055 the Board will not discuss ratings under DC 5256, DC 5261, or DC 5262. The Board also considered whether an extension of the total disability rating is warranted for the period from November 1, 2012, but found the evidence did not show convalescence of the Veteran from November 1, 2012 forward."

Ibid.above