Limitation of Flexion, knee instability or both?

[Ranmic]

Good morning everyone!  I'm currently SC for both of my knees (Degenerative Arthritis).  I have a couple of issues and I was considering filing for an increase but am unsure it I should file for only one of them or both.  I am considering filing for Flexion and knee instability due to the fact that I can only bend my knee backwards so far(painful) and also my knee(s) will give out on me periodically while walking or taking a step.  I would like your opinion on if I should file for both flexion and instability and if so should they be one claim or two separate one?  Again, I am currently SC for both of my knees and would be asking for an increase.

Also, seeing as how I am filing for flexion and or instability do I file an entirely new claim or file for an increase on my current SC knee?

 

Thank you!

Edited November 28, 2021 by Ranmic

[pacmanx1]

You can look up your disability codes and see what is the next higher rating. A quick look and here is what I found. You can file for both since these issues are rated separately but that does not mean the VA will grant both claims, they could just increase the higher disability, (avoiding pyramiding). With that said, if you are not service-connected for depression, you can also file a claim for depression secondary to your service-connected knee disabilities.

Diagnostic Code 5256, Knee, ankylosis of:

Extremely unfavorable, in flexion at an angle of 45° or more: 60%

In flexion between 20° and 45°: 50%

In flexion between 10° and 20°: 40%

Favorable angle in full extension, or in slight flexion between 0° and 10°: 30%

Diagnostic Code 5257, Knee, other impairment of:

Recurrent subluxation or lateral instability:

Severe: 30%

Moderate: 20%

Slight: 10%

[brokensoldier244th]

You also may as well file together since if you filed seperately they would be combined anyway. 

[Ranmic]

Thank you both for the tips.  I really appreciate it.

[broncovet]

Just ask for an increase "to include" flexion and instability. 

As Pacman pointed out, flexion and instability are symptoms, not diagnosis. I like to check the DC's, and CFR's relative to my condition and see if Im "maxed out".  

If you are maxed out, then it wont do good to apply for an increase.  

Look YOURS up: https://www.law.cornell.edu/cfr/text/38/4.71a

If memory serves me correctly, (dont count on that, I certainly cant) if you get a total knee replacement, the max is 30 percent.  (If you get a tkr, you can usually get 100 percent for a convalescent (temporary) one year, while you are recovering) 

Its my opinion (unsubstantiated) that you are unlikely to get a rating higher than TKR (30 percent per knee, but you have to use bilateral factor) unless your knee has been replaced.  In other words, its like amputation.  If your leg is amputated, thats as bad (or as good, for rating purposes) as it gets.  Using that, if your knee is replaced, the 30 percent is the most you can get (per knee, using bilateral factor). 

Remember, if you get 30 percent and another 30 percent, you have to hornswaggle yourself with VA math, as VA will do that.  So, 30 percent plus 30 percent is 50 percent.  Its more complicated than that because of "bilateral factor", tho.