Total Hip Replacement Revision Surgery Rating?

[mras350b2]

Can anyone tell me what rating I would get after a Total Hip Replacement Revision Surgery? I had my Right Hip replaced over a year ago and the Entire Prosthesis has loosened requiring a revision surgery to replace it. I'm currently at 90%. Thanks!

[broncovet]

Welcome to hadit.   Once service connected, disability ratings are dependent on symptoms.  Assuming you hip replacement was involved "service connected" conditions, and you are service connected for the hip, you would need to let us know your symptoms before we could speculate a rating.  

While I never have had a hip replacement, I have had a knee replacement, and know that surgury has a long healing period.  

I will offer some suggestions and you can do all, some, or none of the following at your discretion.  

1.  Apply for temp convalescent rating.  This is pretty much a no bariner, and, if awarded, you would get bumped to 100 percent for about a year.  Then, you would likely have a c and p exam to determine "how you are doing" (aka your symptoms) and you may or may not be reduced back to your current rating.  

2.  If you are not working, and unable to work due to sc conditions, consider applying for tdiu.  Again, a no brainer if you are not working.  

My advice is you should likely proceed with 1 and 2, above, and do it sooner rather than later.  

3.  Since this is a revision surgery, you may want to find out the reason for the revision.  Was it a medical mistake?  If it was, you could consider filing an 1151 claim.  It may or may not be a medical mistake.  That would take a review of your records, which I have not done.  If you dont really know if it was a medical mistake or not, you could likely take your medical records to a medical malpractice attorney and seek his opinion.  He is unlikely to charge you, for an opinion only, but ask him/her first.    If it is a medical mistake consider filing an 1151 claim which is basically when VA injures you through one or more medical mistakes.   You could/should be compensated for it if it was a medical mistake.  Its also possible "its not a medical mistake.".  The revision could be due to other reasons.  Some of those are, it could even be your fault.  For example, if the doctor told you 

"not to climb a ladder or jump on trampolies" and you do it anyway, then that is probably not a medical mistake.  Or, if he ordered physical therapy, and you failed to attend, well that is not the doctors fault.  

Finally, of course, the implanted hip device could be at fault.  If, its a problem with a device failure, then consider whether or not it makes sense to sue the device manufacturer.  If the company is selling low quality devices, then they need to be stopped with a lawsuit.  

    I put these in this order for a reason.  The first two you can do regardless of who is at fault.  If you have not worked since well before the hip replacement, tdiu wont be dependent upon who's fault was the revision surgery.  The last one,  number 3, should not be done unless you are fairly certain about the cause of the revision surgery...the device, a medical mistake, or your own fault.   But the first 2 dont matter, so go ahead and apply for those, the sooner the better.  

 

[mras350b2]

2 hours ago, broncovet said:

Welcome to hadit.   Once service connected, disability ratings are dependent on symptoms.  Assuming you hip replacement was involved "service connected" conditions, and you are service connected for the hip, you would need to let us know your symptoms before we could speculate a rating.  

While I never have had a hip replacement, I have had a knee replacement, and know that surgury has a long healing period.  

I will offer some suggestions and you can do all, some, or none of the following at your discretion.  

1.  Apply for temp convalescent rating.  This is pretty much a no bariner, and, if awarded, you would get bumped to 100 percent for about a year.  Then, you would likely have a c and p exam to determine "how you are doing" (aka your symptoms) and you may or may not be reduced back to your current rating.  

2.  If you are not working, and unable to work due to sc conditions, consider applying for tdiu.  Again, a no brainer if you are not working.  

My advice is you should likely proceed with 1 and 2, above, and do it sooner rather than later.  

3.  Since this is a revision surgery, you may want to find out the reason for the revision.  Was it a medical mistake?  If it was, you could consider filing an 1151 claim.  It may or may not be a medical mistake.  That would take a review of your records, which I have not done.  If you dont really know if it was a medical mistake or not, you could likely take your medical records to a medical malpractice attorney and seek his opinion.  He is unlikely to charge you, for an opinion only, but ask him/her first.    If it is a medical mistake consider filing an 1151 claim which is basically when VA injures you through one or more medical mistakes.   You could/should be compensated for it if it was a medical mistake.  Its also possible "its not a medical mistake.".  The revision could be due to other reasons.  Some of those are, it could even be your fault.  For example, if the doctor told you 

"not to climb a ladder or jump on trampolies" and you do it anyway, then that is probably not a medical mistake.  Or, if he ordered physical therapy, and you failed to attend, well that is not the doctors fault.  

Finally, of course, the implanted hip device could be at fault.  If, its a problem with a device failure, then consider whether or not it makes sense to sue the device manufacturer.  If the company is selling low quality devices, then they need to be stopped with a lawsuit.  

    I put these in this order for a reason.  The first two you can do regardless of who is at fault.  If you have not worked since well before the hip replacement, tdiu wont be dependent upon who's fault was the revision surgery.  The last one,  number 3, should not be done unless you are fairly certain about the cause of the revision surgery...the device, a medical mistake, or your own fault.   But the first 2 dont matter, so go ahead and apply for those, the sooner the better.  

 

I appreciate your advice. I am service-connected for my original hip replacement. My symptoms included server pain and weakness in my right thigh of the right hip when weight bearing. It was replaced on February 2023 and my pain has lasted since a month after the surgery which was 13 months ago. I sought a second opinion and a bone scan was ordered and it showed that my entire arthroplasty was loosening therefore I would need a revision surgery to take care of my pain. I will undergo revision surgery on May 30th and I will submit for an increase in my ratings. Hopefully, I can go from a 90% rating to 100%. The temporary 100% rating for convalescent has changed from 12 months to 4 months for both hip and knee replacements. I will be requesting it as well once my surgery is complete. I will also submit for TDIU at the same time. Once again thank you for your advice it was very helpful. 

Edited May 1 by mras350b2

[broncovet]

Thank you for the update on the 12 month to 4 month change.  My opinion:  Dont wait to apply until after surgery.  You are gonna be in pain then.  Effective dates are the later of the facts found, or claim date (with some exceptions).  The sooner you submit the claim, the higher your back pay is likely to be.  

I explain it this way.  For a person going from 90 % to 100%, that is a pay increase of about $1495 per month (more if you have dependents).  How many of those $1495 can you afford to throw away by waiting on applying?  I cant afford any, which means I apply right away.  ASAP.