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A question about knee replacement and rating

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Jims

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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 by Jims
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https://www.ssa.gov/planners/retire/applying7.html

When you qualify for Social Security retirement benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child or stepchild. A dependent grandchild may also qualify.

To receive benefits, the child must:

  • be unmarried; and
  • be under age 18; or
  • be 18-19 years old and a full-time student (no higher than grade 12); or
  • be 18 or older and disabled from a disability that started before age 22.

Normally, benefits stop when children reach age 18 unless they are disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first.

Benefits paid for your child will not decrease your retirement benefit. In fact, the value of the benefits they may receive, added to your own, may help you decide if taking your benefits sooner may be more advantageous.

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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2 minutes ago, paulstrgn said:

When you qualify for Social Security retirement benefits, your children may also qualify to receive benefits on your record.

this sounds like what used to be called Aid to Dependent Children. It was a separate benefit a retired parent could apply for. It used to have a strong means test.

The reason I know this is that my stepfather, who was not my legal guardian, applied for ADC under my mothers name without anyone knowing. He falsified her application by omitting himself from the income equation. He collected that money for years.

When I got out of boot camp and went to A school a check showed up from Social Security.

I didn't know what it was for so went to base legal who got me an appointment with SS. The lawyer said to get anything they told me in writing. get a copy of the rule or law that authorized it, because I was in the military at 17 I was a legal and independent adult and should not qualify for the ADC.

SS said I was and gave me a stack of regs and laws. I gave them to base legal so they could keep copies and put them in my service jacket.

I kept getting that check until my 23rd birthday. That check showed up in a very fat envelope saying that I had never been eligible for ADC and that I owed the government 66K for the wrongly paid ADC to my sister and myself.

You can bet I was shocked!!!!!!!!!!!!!!!

Turns out SS had dunned my stepfather for it, and he claimed poverty. Then they contacted my sister about her over payment and she claimed poverty. Neither of them thought to tell me about this; go figure I don't have good feelings about them.

SS then decided that they would try and get it all from me. I went to base legal, they pulled those records out of my file. They contacted SS in Crystal City and smacked them around. I got a letter from SS saying "oops, our bad" and that attempt to dun me for it was revoked.

If it had not been that base Jag telling me to get copies, and the SS administrator giving them to me, I would have been screwed blue.

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11 minutes ago, GeekySquid said:

this sounds like what used to be called Aid to Dependent Children. It was a separate benefit a retired parent could apply for. It used to have a strong means test.

There is only a means test for the kids if they work, otherwise they should be fine. That is providing I qualify for SS benefits, don't start working again after retirement.

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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4 minutes ago, paulstrgn said:

There is only a means test for the kids if they work, otherwise they should be fine. That is providing I qualify for SS benefits, don't start working again after retirement.

good luck. I hope it works out 330K is a nice college fund.

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Thanks Geeky

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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