Howdy all. I have a question regarding my rating approved for both of my knees. Originally the VA granted service connection for my right knee torn meniscus and subsequent repair (10% - DC 5259). My current claim requested an increased rating for my right knee due to increased problems with it. I also requested secondary connection of my left knee due to a fall caused by my right knee giving out. They granted the left knee request at 10% and they left the right knee at 10%. I read on one of the VA law blogs that the BVA has ruled that we can get rated for multiple DCs for our knees if the meet the requirements of each one. I'm planning on submitting a NOD to disagree with the 10% for a single DC. I plan to state the right knee should be rated 10% under DC 5259 for the original medial meniscus tear repair, and 20% under DC 5258 for additional tears to both the medial and lateral meniscus caused by numerous falls by my knee giving out. I have the 2001 original MRI and the current one showing the increased damage.
I also plan to state that I disagree with only the 10% for the left knee due to pain and reduced motion. Not sure which DC they actually used for that one. I will state that I should be given that 10% and also an additional and separate 20% under DC 5258 for the various tears in the left knee meniscus.
Both knees currently have effusion into the joint, have frequent episodes of locking, and painful motion.
Finally the decision letter actually confirms I have "degenerative arthritis" in both knees and then states I am not entitled to the higher 20% rating for it so I will also challenge that.
Should I also add that I should get the additional and separate 20% for the degenerative arthritis und DC 5003?
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Galen Rogers
Howdy all. I have a question regarding my rating approved for both of my knees. Originally the VA granted service connection for my right knee torn meniscus and subsequent repair (10% - DC 5259). My current claim requested an increased rating for my right knee due to increased problems with it. I also requested secondary connection of my left knee due to a fall caused by my right knee giving out. They granted the left knee request at 10% and they left the right knee at 10%. I read on one of the VA law blogs that the BVA has ruled that we can get rated for multiple DCs for our knees if the meet the requirements of each one. I'm planning on submitting a NOD to disagree with the 10% for a single DC. I plan to state the right knee should be rated 10% under DC 5259 for the original medial meniscus tear repair, and 20% under DC 5258 for additional tears to both the medial and lateral meniscus caused by numerous falls by my knee giving out. I have the 2001 original MRI and the current one showing the increased damage.
I also plan to state that I disagree with only the 10% for the left knee due to pain and reduced motion. Not sure which DC they actually used for that one. I will state that I should be given that 10% and also an additional and separate 20% under DC 5258 for the various tears in the left knee meniscus.
Both knees currently have effusion into the joint, have frequent episodes of locking, and painful motion.
Finally the decision letter actually confirms I have "degenerative arthritis" in both knees and then states I am not entitled to the higher 20% rating for it so I will also challenge that.
Should I also add that I should get the additional and separate 20% for the degenerative arthritis und DC 5003?
VA Claim Decision Ltr 08 Nov 2018.PDF
Redacted Right knee New & Old MRI Details.docx
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