Giving Up is Success for Me ( WE WON!!!! )

[silverdollar22]

Ok, but can the instability be rated separately or secondary to the degenerate arthritis of the knee? That’s what I was told! 

[pwrslm]

If the knee is already SC, and it got worse, you need an increase.

[silverdollar22]

I figured that this was similar to how the different nerves in the leg can be rated separately. 

[pwrslm]

Your instability developed due to a degenerative condition. Arthritis is a degenerative condition. It went from simple arthritis to a more difficult problem. The main thing is that it is your right knee, and it is already SC.  Secondary connection would be if you fell and broke your arm because of your right knee giving out. Then the broken arm would be secondary to the right knee. Same thing goes with your left knee. If it becomes arthritic because of the incresed stress caused by the right knee problem, then the left knee can be secondary to the right knee. Both hips follow this same trajectory. 

Just now, silverdollar22 said:

I figured that this was similar to how the different nerves in the leg can be rated separately. 

Knee joint is a major joint, it can be rated in addition to nerves. Nerves are way different than the joints.

[silverdollar22]

So the answer is no! The instability cannot be rated separately to the degenerate arthritis of the knee? What would be my next step to correct this issue? Re-file the claim as an increase or what? 

[pwrslm]

I would still appeal this denial. As a direct cause, your arthritis caused your knee instability. Thats what the Dr said. The VA has no other opinion to the contrary. Make your own lay statement asking why they would deny the knee instability when they acknolwedged that your Dr stated that it was caused by the existing condition (arthritis).

 

Your right knee is service connected for arthritis, right? As part of your 90% rating?

Edited September 9, 2018 by pwrslm