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

[broncovet]

I will post, below, the criteria for reductions.  If you have been rated P and T, or have been rated over 5 years, its difficult for VA to reduce you:

 

Quote

3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.