Full Knee Replacement

[Rhodesia]

I have a question for anyone out there because the VA could not give me an answer nor the local VA Rep. So I had a knee injury while on active duty overseas in 2001 I had two operations which the VA gave me 20% I get 10% for loss of hearing because I was a Tanker in The Marine Corps for 22 years and 10% for high blood pressure and 0 % for (ED) which I was awarded 40% Now lets move ahead to 2016 which I had to have a full knee replacement in the same knee. I was awarded 30% for the knee replacement but since I had the knee replacement on the same knee I had the two surgerys which gave me 20% the VA decided to take the 20% away because I had the full knee replacement so instead of getting a total award of 60% I'm now back to 40% I was not aware that the VA can down grade your disability like that. 

 

Ok now after 1 year of getting 100% because of the knee replacement and now getting 40% I found out today that I have to have another full knee replacement again in the same knee due to an injury that requires to have it replaced, so my questions is will the VA put me back to the 100% for another year since I'm having another knee replacement? or will they leave it at my current award and tell me to file an increase after I heal from the knee replacement? Because the max for the increase for a knee replacement is 60% no more than that.

Thank you

[Berta]

 "I found out today that I have to have another full knee replacement again in the same knee due to an injury that requires to have it replaced, "

was the injury due to the knee problems? Meaning did a SC knee disability cause you hve to a fall or some other type of injury directly related to the knee?

Or was the replacement done wrong?

Or was the replacement defective?

There have been many TKR lawsuits over the years:

https://topclassactions.com/lawsuit-settlements/investigations/815518-knee-replacement-surgery-failure-class-action-lawsuit-investigation/

My neighbor ( USAF Japan) has TKRs in both knees and only gets 40%.

VA did his surgeries many years ago and he has had no problems I know of yet.

I was quite surprised that he only gets 40% SC and said he can't get more.......but he has no residuals from the surgeries.

Others will chime in on TKR - we have memebers here wth that SC disability.

 

 

[broncovet]

The VA can not "reduce" you without following the proper procedures, or it can be voided by the courts.  

Did they give you 60 days notice of the proposed reduction?  Did they offer you a hearing?  

Do you have documentation (that is, the letter of proposed reduction)?  

If you moved and did not give VA your new address, then this may not apply as its not VA's duty to "locate you", but instead your duty to keep VA informed of your addresses.  

I have not had a TKR, but, have been informed by VA doctors I need one, and am considering same at this time.  Im not currently sc for knee problems even tho I applied in 2002, and the VA never adjuticated it.  Since Im at 100 percent, it seems unlikely that TKR would be  enough to make me eligible for SMC S, altho, I have not ruled this out in the future. For that reason, I have not persued my "non denial" of conditions for my knees, noting the only thing VA did was list my knees as "not service connected" without a decision.  While I know this is error, I doubt this will affect my compensation, so I "leave this alone" and try to free up resources for other Vets where it will make a difference.  

[Berta]

Rhodesia, has your hearing loss gotten worse or the HBP since their last rating?

You said " Ok now after 1 year of getting 100% because of the knee replacement and now getting 40% I found o" etc.....

Was this a temporary convalescence award? as to the 100%?

If so that seems like  a very long temp comp award....it makes me wonder how the surgery went.

I shouldnt compare this to anyone but a civilian school teacher in my church had the TKR and was back to work certainly well within a year of the surgery.....she came to a church  luncheon within a month after the surgery - we have an accomodation  elevator and she had help getting down to our lunch room, in a wheel chair, in the elevator, then someone help elevate her leg when she got into a regular chair and she had a pack of frozens peas to put on it for pain.

Can you define what the 100% award was for? I sure might be interpreting this wrong as to the " because of " part.

"Ok now after 1 year of getting 100% because of the knee replacement and now getting 40% I found o" etc.."

 

 

Edited February 17, 2018 by Berta

[broncovet]

I dont know if the VA "will give you a second year" on the 100 percent convalescent rating (temp for up to a year), if you get a new surgery.  

I suggest you apply for it, if, indeed you are getting the other knee replaced.  

Yes, I know you would like a more difinitive answer, so you can plan, but still I suggest you apply but plan on it not happening.  VA "may" not fight you as hard for a temporary rating as they do for permanent ones.  

[Rhodesia]

On 2/17/2018 at 5:07 AM, broncovet said:

The VA can not "reduce" you without following the proper procedures, or it can be voided by the courts.  

Did they give you 60 days notice of the proposed reduction?  Did they offer you a hearing?  

Do you have documentation (that is, the letter of proposed reduction)?  

If you moved and did not give VA your new address, then this may not apply as its not VA's duty to "locate you", but instead your duty to keep VA informed of your addresses.  

I have not had a TKR, but, have been informed by VA doctors I need one, and am considering same at this time.  Im not currently sc for knee problems even tho I applied in 2002, and the VA never adjuticated it.  Since Im at 100 percent, it seems unlikely that TKR would be  enough to make me eligible for SMC S, altho, I have not ruled this out in the future. For that reason, I have not persued my "non denial" of conditions for my knees, noting the only thing VA did was list my knees as "not service connected" without a decision.  While I know this is error, I doubt this will affect my compensation, so I "leave this alone" and try to free up resources for other Vets where it will make a difference.  

Well if the VA can deny my Malaria claim I contracted while on active duty but did not get sick until back in reserve status, they cited that I had to show I was sick on active duty even through my records show I had Malaria on active duty I got a lawyer on this issue they can also take back a claim if you had or shown any improvement due to the SC issue, I have not received any letter as of yet and I have not moved. 

[Rhodesia]

On 2/17/2018 at 6:20 AM, Berta said:

Rhodesia, has your hearing loss gotten worse or the HBP since their last rating?

You said " Ok now after 1 year of getting 100% because of the knee replacement and now getting 40% I found o" etc.....

Was this a temporary convalescence award? as to the 100%?

If so that seems like  a very long temp comp award....it makes me wonder how the surgery went.

I shouldnt compare this to anyone but a civilian school teacher in my church had the TKR and was back to work certainly well within a year of the surgery.....she came to a church  luncheon within a month after the surgery - we have an accomodation  elevator and she had help getting down to our lunch room, in a wheel chair, in the elevator, then someone help elevate her leg when she got into a regular chair and she had a pack of frozens peas to put on it for pain.

Can you define what the 100% award was for? I sure might be interpreting this wrong as to the " because of " part.

"Ok now after 1 year of getting 100% because of the knee replacement and now getting 40% I found o" etc.."

 

 

Last rating for hearing loss and HP was in 2008, my knee replacement was a 100% temp convalescence award I received 13 months of 100%. after that I re-injured my knee with the replacement and it has to be replaced again due to the injury, the VA says they will pay for the replacement nothing was defective in the for the TKR. So I have to give the Doctor a surgery date for now. I was awarded 30% for the knee replacement on 01/01/2017 then I noticed that in e-benefits I see that they took the 20% away from my old award for having two knee surgery's on the same knee because I had to wear a knee brace, but since I had a TKR in that same knee there was no reason for the VA to continue the award for the 20% because per comp and pen said it's because I had a knee replacement that corrected the old injury in order to award me the 30% for the knee sounds confusing I know. 

I could not get a strait answer if I had the knee replaced again that the VA would put me on the Temp 100% for one year or not hate to have this done and find out I have to put in for an increase after the fact. I get better care in the private sector then I do going to the VA Hospital, I feel they treat Veterans better than the VA does. I have worked for the VA and I have seen first hand how Vets are treated in clinics and Hospitals it's sad but true, on the outside you get that one on one doctor to patient care but with the VA it's like going to an auto shop you are in and out and good luck. As what the VA will tell Veterans "If it is not documented, It never happened". The Marine Corps health records are a prime example of this.