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Q571:  I am going in for total knee replacement soon. I am 20% rated on that knee. Will the VA bump me up to 100% while I am down, and out of work for the 6+ weeks while I am down?

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A1:  Yes.  (GN)  11/19/20

    

A2:  Yes, but you need to file claim for temporary 100% during your recovery time. Use form 21-526ez and submit it to the VA.  (GR)  11/19/20

    

A3:  Yes, they will. What you need is the operative report and then file, on a VA Form 21-526ez, for paragraph 30 benefits. VA will rate you at 100% for 13 months and then reduce you to no less than 30%. If you are having problems w/ the replacement at the end of the 13 months, then you need to let the VA know by filing a reopen claim on the VA Form 21-526 and ask for an increase. If your knee is bad, they will bump you to 60%.  (DS)  11/19/20

       

  

  

 

  

  

  

  

  

         

A4:  Hello! I am a Department Service Officer with the American Legion and can answer your question. Yes with total knee replacement VA will give you 100% for one year and then reduce to no lower than 30% after that one year. If you have the surgery date you can file now and submit the pre-surgery paperwork and then once you are out you will submit your discharge from surgery and your effective date is the date of discharge from hospital.  (EC)  11/19/20

    

A5:  Yes. I was rated at 10% before knee replacement. Knee replaced 10/14/2020. Next month I go to 100% for 16 months. Then to 30% if everything goes well.  (GE)  11/19/20

       

A6:  If your retired military you can have it set up for (SBP) survivor benefit plan. You pay a payment each month, mine is $99.30. Once you pass on your spouse will receive half of your retirement monthly, but remember this is military not VA.  (MR)  11/19/20

    

A7:  Yes, but you have to request it.  (LG)  11/19/20

       

  

    

  

  

  

  

  

  

              

A8:   According to the rating information found at:

https://www.benefits.va.gov/WARMS/bookc.asp#e

You should be given a 100% disability rating for 1 year.
Here is the information as published in Section 4.71a-4 (Schedule of ratings - musculoskeletal system:

  • 5055 Knee replacement (prosthesis).

Prosthetic replacement of knee joint:

  • For 1 year following implantation of prosthesis 100%
    With chronic residuals consisting of severe painful motion or
    weakness in the affected extremity 60%
    With intermediate degrees of residual weakness, pain or
    limitation of motion rate by analogy to diagnostic codes
    5256, 5261, or 5262. Minimum rating 30%

After the 1 year period you will likely be instructed to have a follow-up exam to determine what rating will then be assigned.  (DL)  11/19/20

      

A9:  How did you get that idea? Don't you have a rep from one of the organizations like VFW, DAV, American Legion, etc. to consult? It takes years for some of the most minor claims to be processed. You can apply and if you get it good for you but I doubt that happening. No pun intended but I do not think you have a foot to stand on. Good luck.  (JD)  11/20/20

      

A10:   You must file a claim asking for a temporary 100% rating due to a TKR. It is NOT automatic. You must file the claim. File before ghe surgery. After surgery YOU must send the VA a copy the operation report and the discharge instructions  (AB)  11/20/20