Total (2) Knee Replacement Question

[BamaAF]

I retired from the USAF in 1994 and was awarded 30% total - 10% for each knee due to multiple injuries in both knees (miniscus) and miniscus removal in left knee.  Since 1994 my knees have gotten much worse and civilian specialist say (in writing) that the only thing left is TKR in both knees when I can't stand it any longer (I am 59).  I submitted an upgrade request (for increased compensation, not TKR) through ebenefits and went through C & P where the contracted Nurse Practioner measured my bend/flex and also measured scars from miniscus removal as well as general exam of knees.  She seemed pretty positive, but we all know how that goes.  The C & P was last week.  Just in last few days, my knees are really bothering me and I have decided to go ahead an have the TKR - one at a time, 13 or months in between.  If I understand correctly from reading this community as well as other sites, I would get 100% for up to 13 months per knee - and after that get 30-60% per knee depending on how the surgery went.  For those that have gone before me - how do I claim this - before surgery or afterwards -  and how do I ensure the 13 months at 100%?   Also, am I reading too much into being able to get this compensation since they have been giving me disability for my knees since I retired in 94?  I'm concerned that I already have a claim going through to increase compensation on my knees, but now I just want to move forward with TKR.  Any advice would be appreciated.  Thanks

[vetquest]

One thing is positive and that is that you most likely will not get 100% immediately after surgery.  See if your doctor will state that the knee replacement is at least as likely as not due to your service injuries.  If your doctor is willing to do that you should be good to file your claim.  You will most likely get a new C&P followed by a decision.  Your new claim will then likely be rolled into your current claim.  Do not be surprised if you are denied the first time you file and have to go to the BVA. 

I do not believe you are reading too much into the situation.  Service connected injuries sometimes get worse as you get older and the VA knows this.  

[BamaAF]

7 hours ago, vetquest said:

One thing is positive and that is that you most likely will not get 100% immediately after surgery.  See if your doctor will state that the knee replacement is at least as likely as not due to your service injuries.  If your doctor is willing to do that you should be good to file your claim.  You will most likely get a new C&P followed by a decision.  Your new claim will then likely be rolled into your current claim.  Do not be surprised if you are denied the first time you file and have to go to the BVA. 

I do not believe you are reading too much into the situation.  Service connected injuries sometimes get worse as you get older and the VA knows this.  

Thanks - my upgrade request that is currently in the system includes recent private medical records stating that knees need to be replaced and the Nurse Practioner that did my C & P used the words that it was "definitely" because of what I have been getting the 10% for since 94 (this was verbal, hopefuly she follows through and puts it in writing).  After speaking with VA on phone today,  my plan is to do as you say and meet with Surgeon next week to go over procedure, get a date, and have him write something saying the the TKR is needed because it is at least as likely as not due to original injuries that are deemed SC.  I will go ahead and put that claim into system about a week prior to surgery and after surgery upload the additional docs showing surgery, etc. with a 1 month convalesence needed and 12 month rehab.  Hopefully it all works out and in a little more than a year, will repeat all for the 2nd TKR.

Another issue I ran into while in ebenefits was noting that I did not get dependent rate for my 3 daughters who went to college following high school.  They attended on the Alabama GI Dependent Scholarship which is awarded to those that have a 30% or more SC disability.  I was supposed to update them after they turned 18.  I mistakenly thought since they were being paid by a VA scholarship that was taken care of (stupid on me).  I have updated them and hopefully once that makes it through it will take effect and possibly "some" backpay - VA told me that once the award is made, to file a disagreement and try to recoup any money that is not in inital award (from last three years).  From reading, sounds like that is basically not going to happen, but will try anyway.

[broncovet]

I kind of get that a lot.  People have a claim in for "x", and need to file for "y".  So they sometimes wait, because they do not want to delay the claim for "x".  

Tatoo this on your arm if necessary:

Quote

Whenever you delay filing your claim, you are costing YOU retro$, because your effective date cant be earlier than the date you file.  

Years ago, when claims were on paper, yes, it could cause a delay, because there was only one claims file.  

Now, everything is stored electronically, so they "can" process your "claim x" in the morning and also another person can process claim y, that afternoon.  

The bottom line is the earlier you file, the sooner you will get benefits, dont worry if you have another claim in process. File your temp now.  

Alex may chime in here, but I think he will agree.