- Medical Criteria Needed to Qualify with Knee Replacement
- 5 things you Didn’t Know about Total VA Disability Ratings.
- Total and Permanent Disability VA: The Definitive Guide
- VA Issues Updated Guidelines for Partial Knee Replacements
CompensationPosted by Gregory M. This update is a response to a decision by the Federal Circuit in Hudgens v. The November update to the M Manual, however, takes a very restrictive view of the Hudgens case and limits when the VA will apply DC to partial knee replacements. The M is a detailed procedures manual, a rule book of sorts, written by the VA as a guide for the VA raters who decide benefits claims. The M Manual is not the law in the same way that statutes, regulations, and court decisions are law. But if you want to understand how the VA will analyze your claim, and what the VA believes the law is, then you start with the M It is the manual that tells VA officials how to handle their day-to-day work. The M Manual now instructs officials to evaluate claims for partial knee replacements under DC only if they were filed and pending as of July 16, Why this date? It was silent on that point. Although most Board decisions considering the issue applied DC to partial knee replacements, some decisions did not. I will explain each of the categories below, but it comes down to this: the VA will not apply DC to a partial knee replacement unless you filed a claim before July 16, The first category is for claims for evaluation of a partial knee replacement that are filed and decided after July 16, This means that new claims for knee replacements will be evaluated under DC only if the claim is for a total knee replacement. For these claims, the M instructs that the case must be evaluated under DC if doing so would be more favorable than another applicable diagnostic code. This is the exact fact pattern from Hudgensand is required by the outcome of that case. The third category is for CUE claims. The answer is: not necessarily. The court in Hudgens did not say it allowed Mr. The court just said that the VA had to give Mr. It did so even with the new regulation on the books. Likewise, it is unclear whether a CUE claim could ultimately succeed. Although VA staff will initially deny these claims, the Board might disagree on appeal. Just because the M says partial knee replacements must be evaluated a certain way does not mean a court would necessarily agree. What is clear, however, is that until a veteran challenges the VA through further appeals, VA regional offices are likely to follow the instructions in the M If you have been denied benefits for a knee replacement and would like to discuss your appeal options, send me an email or give me a call. He graduated from the University of Connecticut School of Law, and has been practicing law for eight years. Gregory Rada believes in fighting for fellow veterans. Learn more about his experience by clicking here. Gregory M.
Medical Criteria Needed to Qualify with Knee Replacement
We are still accepting new cases and working on our clients' cases. VA disability claims involving knee disabilities are very common, and the mistakes the VA can make when evaluating knee claims are even more common. Knee ratings can be tricky because there are so many different factors to consider, and there are multiple different ratings available. It is important to be aware of all of the available ratings for knee disabilities in order to ensure that you are getting the highest rating possible. So, as long as the knee disability affects you in separate and distinct ways, you can receive multiple ratings. The knee can be rating under many different diagnostic codes depending on the specific problem, or problems, caused by a knee condition. For example, there are ratings available for instability of the knee, limitation of extension, knee replacements, etc. Below is a list of ratings that can potentially be assigned to the same underlying disability:. Yes, bending and straightening your knee both involve your ability to move your knee, but they involve different movements. Therefore, you can receive ratings for both limitation of flexion and limitation of extension for the same knee. If the knee can move, but is limited in its ability to bend or straighten it should be rated under diagnostic code and Also, instability of the knee is a rating that is often overlooked. However, if you have problems with your knee dislocating or giving out because of a service-connected disability, then it is important to be aware of this rating because instability of the knee can be rated in addition to other ratings for the same knee. For example, if you have trouble bending your knee, straightening your leg, and your knee gives out on you, then you are entitled to 3 separate ratings limitation of flexion, limitation of extension, and instability of the knee. All of these different rating combinations also come into play when evaluating residuals from total and partial knee replacements. These can be completed by your private doctor and submitted to the VA as evidence for your claim. Regardless of who is completing the DBQ form, it is important to remember that many knee ratings are based on range of motion measurements, and all range of motion measurements must be performed with a goniometer in order for the VA to accept them. For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. In such cases, the VA is able to consider certain…. If you are a veteran with flat feet, you may be wondering if you are able to obtain VA disability compensation for…. Our firm was founded in in Orlando, Florida. Since that time, we have provided compassionate yet assertive representation for our clients. While we still have our home base in Florida, we represent clients nationwide.
5 things you Didn’t Know about Total VA Disability Ratings.
Though any worker can suffer a knee injury, trauma to the lower extremities is most common in jobs where employees spend a majority of the workday on their feet. Construction workers, nurses, auto mechanics, delivery drivers, and kitchen staff are all at risk for knee sprains or damage to the protective cartilage. Because the knee is a load-bearing joint, these types of injuries can be particularly painful and difficult to make a full recovery from. We often associate a knee injury with a single incident, like a slip and fall or collision with a hard surface. In other words, insurance companies often try to argue that a worker had a pre-existing knee condition before the work injury occurred. After your knee surgery, your doctor should assign you a permanent partial disability rating. The permanent disability rating system uses a complex formula to assign an injured worker a level of impairment. Workers with injuries considered to be severe receive higher disability ratings and are entitled to more benefits than those with lower ratings. If you are given a high permanent disability rating following your knee replacement, you may not be able to return to work. Or, you may be able to return to work, but not to your former job. Your employer may assign you to a new position that accommodates your limitations. Unfortunately, knee replacement is an expensive surgery, giving insurers all the more reason to place the blame on your age or a previous condition. Give us a call to schedule a free case evaluation at The Law Offices of Gerald D. Our professional attorneys work with clients personally to help them receive the benefits they are entitled to. Hear testimonials from satisfied customers on what makes The Law Offices of Gerald Brody home to the best workers' compensation attorneys in San Diego. E El Centro, CA Why did the insurance company refuse to pay for my knee replacement? What does it mean when my doctor assigns me a permanent partial disability rating? Can I go back to work after my knee replacement surgery? What Injuries Can Cause Shoulder Terminated Before You Can Report a Last Name. Testimonials Law Office of Gerald D. Follow Us on Social Media. Looking for something? The Law Office of Gerald D.
Total and Permanent Disability VA: The Definitive Guide