Knee Rating Help

[WBrennan]

I am currently rated 10% for my left knee.

My ratings are:

Left knee meiscal and liagment tear with osteoarthritis 10%

Residuals, mediscetomy , left knee 0%

In the first c&p exam the examiner told me my extension (edit: originally posted flexion) was 60 to 10 and 10 to 60 entered 60 to 0 and 0 to 60.

I filed my appeal and received a new C&P exam. Doctor entered 80 to 10 and 10 to 80.

So this should get my DX under 5261 for limited Flexion at 10%

Then I have the xrays proving the arthritis so that is 10%

Stability is fine so nothing for that.

For the meniscus tear this is from the DBQ

8. Meniscal conditions
----------------------
a. Does the Veteran now have or has he or she ever had a meniscus (semilunar
cartilage) condition?
[X] Yes [ ] No
If yes, indicate severity and frequency of symptoms, and side affected:
Left Side:
[X] Meniscal tear
[X] Frequent episodes of joint "locking"
[X] Frequent episodes of joint pain
[X] Frequent episodes of joint effusion

 

So I should get 20% under 5258.

It is also documented that there is pain on movement which should be 10%.

Now with all the VA Math and anti-Pyramiding I think my knee should be rated at 30% under 5261 and 5258.  I get confused on the arthritis and painful motion. Since I should be 10% for 5261, this should include the arthritis.  What is everyone's thoughts?

 

Edited July 19, 2019 by WBrennan
Put Flexion instead of Extension.

[WBrennan]

Looks like they bumped me to 20% and moved me from (5010-5261 10%; 5260: 0%) to (5258: 20%).  I think they still owe me 10% for 5261.  Time for more research....

Edited December 17, 2019 by WBrennan
typo

[WBrennan]

And Higher Level Review requested. Now to wait about 125 days for an answer.... Anyone have any paint I can watch dry?

[WBrennan]

As of today: Status: A senior reviewer is taking a new look at your case

so I will watch some paint dry and wait out the next 90 day or so ....

[vetquest]

Good luck and watch some grass grow too.

[paulstrgn]

The waiting of the VA to process our claims is the hardest part. Plus waiting on the BBE to show up so we can see how they made their decisions.

Good luck!

[WBrennan]

While following up on my other appear(day 126 supplemental) inquired about this appeal (HLR, Day 90) no updates. Will check back in like 30-45 days....