A question about knee replacement and rating

[Jims]

Hello all. Followup on a post i did 4 yrs ago

First, thank you for this forum.

I have been 100% P&T rated for 15 years now.  Part of that rating is 40% on my right knee. 

My ortho surgeon recommends a full knee replacement of my right knee within 1 year.

I understand that normally with a knee replacement, it is 100% for 1 year of recovery and permanent 30% for the knee after that.

But my question is, since I am already 100%, if I go ahead with the knee replacement, how will that affect my 100% P&T rating?  And will they re examine all my disabilities as well?

OR should I try and hold out for 5 more years until I reach the 20 year mark when compensation is protected from reduction?

 

Thanks all

Jim

Edited November 18, 2023 by Jims

[GeekySquid]

38 minutes ago, paulstrgn said:

its rare if the call up a 100% P&T veteran for a reevaluation  very rare.

imagine if it was not rare? the backlog is stupid to begin with.... with an estimated 25 million vets out there, and a significant number eligible for compensation, the VA would never get to new claims if they came after every vet who was 100% P&T.

i would like to see the stats of us who are 55 Plus, at 100%, and had ratings for 5, 10, 15, and 20 years.

The 55 is a biggie. Generally we are considered too old to be retrained in a new career, so taking away compensation, no matter the percentage, could lead to making even more vets impoverished, homeless or marginally housed.

Only TDIU vets are means tested on a regular basis. If  vet is homeless or asking to be housed in a veterans home for old vets, they also get means tested but those are relatively few and are "one off" requests.

The rest of us can earn incomes as we see fit with no effect on our compensation. We all forget that 100% is not the same for VA standards as it is for SSDI standards.

Under the Schedule, it is a rating of impairment to earning an income based on an "average person" paradigm created in the 40's. It really does not contemplate all the white collar jobs that our economy has shifted too since then. If it is ever updated to reflect that type of work more accurately many veterans would not be rated as high as they are now

 

 

[paulstrgn]

I meet the 55 (I am 61) but unfortunately for me I have not been rated for 5 years on any of the disabilities. If and when I get the P&T I won't worry too much, I will just keep it in mind that anything is possible.

30 minutes ago, GeekySquid said:

We all forget that 100% is not the same for VA standards as it is for SSDI standards.

When I retire which I hope is by the end of next year, I will apply for SSDI after all the worse they can do is say no.

[GeekySquid]

1 minute ago, paulstrgn said:

I will apply for SSDI

just remember that SSDI works the same as TDIU in that it is means tested. I don't know the details, but I think you said you are retired from service, will retire from the government and getting va comp. I don't know how SSDI will fit into that equation.

Just be sure your other income doesn't reduce SSDI while saddling you with an annual means test.

I doubt you want to work again, but if you decide to, it may not be in your best interests to have that SSDI payment unless it is really substantial.

[paulstrgn]

8 minutes ago, GeekySquid said:

I don't know how SSDI will fit into that equation.

Honestly I don't think for me SSDI will add that much to my SS. I don't plan on working once I retire this time, but one never really knows. I also need to see how SSDi vs SS affect my tow boys benefits (they are 6 and 11). I know if I retire this year they will receive appx. $330K by the time they both finish college. Their benefits will go in the bank until they need it for college.

[GeekySquid]

3 minutes ago, paulstrgn said:

I know if I retire this year they will receive appx. $330K by the time they both finish college.

i am being nosy, 330k from what?

[paulstrgn]

They will also get SS from me being retired. After all most people when they have a normal retirement don't have small kids. 

I have contacted SS on a couple of different occasions to verify this.