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]

I just had my informal conference with the VA. The senior reviewer agrees that he thinks that my knee should be rated at 30% and not 20%. He said he'll make a decision either today or early next week. I will let everybody know what the final decision is. And I think that they're rating at 30% is accurate and a very acceptable

[WBrennan]

Appeal closed on 4/10/2020.  That is all VA.gov is showing; however, eBenefits is showing a higher rating. Woot woot! 

[GBArmy]

WBrennan Congrats! Good example of knowing that if your symptoms show a higher rating is fair, go for it. Of course, a veteran shouldn't just put in a claim for a higher rating if his or her symptoms don't show a worsening for their current rating. But if it worse, it isn't likely that the VA is going to drop it. (It could, but you could appeal.) 

[WBrennan]

3 hours ago, GBArmy said:

WBrennan Congrats! Good example of knowing that if your symptoms show a higher rating is fair, go for it. Of course, a veteran shouldn't just put in a claim for a higher rating if his or her symptoms don't show a worsening for their current rating. But if it worse, it isn't likely that the VA is going to drop it. (It could, but you could appeal.) 

My knee is all kinds of jacked up. 5 knee surgeries so far. :S  I feel I am now currently rated appropriately.