Taking a rating back

[Rhodesia]

Hello I had a 40% rating then was award a 30% to add to that 40 % rating which would have come out to 60% The VA said that since I had a full knee replacement I no longer get the 20% for knee pain and scars so my rating remains the same 40% so this is what I was told this morning by the VA online Chat she later responded that I can confirmed this with a lawyer if I wanted to and he would tell you the VA can take back rating even if they are over 5 years old because she said that if you have a service connected disability that was corrected then your rating will be reduced or zeroed out  This is from the chat this morning: Evaluation of left total knee replacement, previously s/p surgical left knee with bicompartment DJD, ACL insufficiency, meniscus disease and surgical scars, currently 20 percent disabling, is increased to 100 percent November 29, 2016, and 30 percent effective January 1, 2018.

So can anyone confirm this for me? 

Edited May 1, 2018 by Rhodesia

[Shotlife]

They fixed my testicle by getting rid parts of it.  For me it is tough because I felt really connected to righty, but overall I am just grateful to.. I am happy to lose the 10% rating to get the cure.  I will always monitor it to make sure the pain stays away.  But do you want the pain gone or money?

[Guest L]

I can only confirm it from a therapeutic standpoint: Meaning a knee replacement is like a new knee. - lasting 20 years or more based on weight and activity level.

It also happens with a hip replacement rating too. In reading the last part of the post it looks like you had a temporary 100% rating...?( possible scenario would be they would give you a 100% for a year to recover and rehab) 6 mos is usual - so bonus 6 mos if this was temporary...  

https://www.hillandponton.com/knee-disabilities/

 

Edited May 1, 2018 by L
added link

[pwrslm]

Code  5055 : If the entire knee joint has been replaced  by a  prosthesis, then the condition is rated 100% for the first year after the surgery. (This period is mainly for the VA, but the DoD will also use it if the veteran is placed on  TDRL  before being permanently separated). After the 1-year period, the condition is given a permanent rating. If there is weakness and severe pain with motion, then it is rated 60%. If the pain is not severe, but does limit the range of motion, then it is rated under code  5256  if it is frozen, or under codes  5261  or   5262 ,  discussed below, if it is not frozen. The minimum rating for a total knee replacement, however, is 30% regardless of how much motion it has.
 

This code is only for total knee replacements. Partial replacements are rated on any symptoms that they cause, like limited motion .
 
Source :http://www.militarydisabilitymadeeasy.com/kneeandleg.html

If you have more pain that would be considered severe, you can be rated higher. Check the link here and follow the rating codes to what other conditions you may have and how they should be rated.

[Rhodesia]

1 hour ago, L said:

I can only confirm it from a therapeutic standpoint: Meaning a knee replacement is like a new knee. - lasting 20 years or more based on weight and activity level.

It also happens with a hip replacement rating too. In reading the last part of the post it looks like you had a temporary 100% rating...?( possible scenario would be they would give you a 100% for a year to recover and rehab) 6 mos is usual - so bonus 6 mos if this was temporary...  

https://www.hillandponton.com/knee-disabilities/

 

Well surprised enough I'm having the same knee replaced again this June because I fell again and did some damage to require a full left knee replacement revision (TKR) I was approved by the VA again to have a full knee replacement through Tri West and I apply for the Temp 100% again because comp and pension here at the VA told me I have to apply again all over for the Temp it is now shows up in eBenefits as Temp 100% disability for left knee replacement I assume I will receive the pay starting after this June. Comp and Pen did tell me that the VA can take away your ratings any given time and the 30% for the TKR also includes scars and pain that's why they took the 20% rating away from me and that why I'm still at 40%. I was also told I can apply for an increase up to 60% which is max for a knee replacement but from what I have seen in the news the VA is having budget troubles paying out disability's for all the Iraq vets that are just now filing for Disability including myself. To me it seems like you apply for a disability then they take another one away to keep you at their level.

[broncovet]

Well, no.  Here is why:

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.

[ 26 FR 1586, Feb. 24, 1961; 58 FR 53660, Oct. 18, 1993]

 

[Rhodesia]

23 hours ago, broncovet said:

Well, no.  Here is why:

 

So by reading this the VA can still take my 30% rating back even after having another total knee replacement because the seconded knee replacement had corrected the issue in the first place from what I'm reading or maybe I'm reading too much into this. sounds like the same issue I was going through when I applied for service connected for Malaria which is noted in my medical records but the VA turn it down because I could not show I was sick on active duty and what part of Thailand up by the Cambodian border I was in what's worse is that the Marine corps. does not keep very good medical records back then but that's another story at a later date just got tired of fighting the VA over that issue.

Well I hope the VA did not lie to me about getting the 100% temporary for one year again for my second knee replacement all these VA rep's have informed me that I'm entitled to it but in the end it all goes south. Thank you for the information that you sent to me.