Hip Replacement Question

B

BoilerMIke

PEB Forum Regular Member
Registered Member
Jason,

I had total right hip replacement in Sep 07 and was given a 30% disability rating with permanent retirement. My question is according the the VA rating schedule shouldn't I have been awarded the 100% for a year following the replacement and recommended for temproary retirement? I'm getting ready for my formal board which is coming up soon.5054: Hip Replacement, Prosthetic replacement of the head of the femur or the acetabulum: For 1 year following implantation of prosthesis.......100%

Thanks,

Mike
 
Mike,

You are correct. 100% is what is mandated under the VASRD. Did they explain in the findings what they were rating you under? There is language in DoDI 1332.39 that says they should place you on TDRL.
 
Jason, The IPEB rated me under 5054 Hip Replacement and gave me the minimum rating. Why I'm not sure they didn't explain their reasoning. I think they might have missed this because they weren't 100% familiar with the rating requirement. At least I'll have some when I go down to my formal board. This should be an easy finding for the formal board. Do you think the formal board will award the 100% based on this requirement or do you think they will stay with the IPEB finding?
 
They should award the 100%. Whether they do or not is another question altogether. I have seen some patently illegal ratings awarded. If they do not, you have a near certain win on appeal, absent other facts. Unfortunately, you will have to wait to see how they explain their decision. This seems like a good case for a reconsideration.
 
This provision from DoDI 1332.39 is likely driving the problem. I have argued in the past tht this provision violates the requirement to rate per the VASRD as that is what the TDRL is for if the person leaves before the convalescent period is up. The 2008 NDAA change should have made it clear thet this should not continue and DoD is rewritting DoDI 1332.39 in response. Time will tell but in the mean time; appeal, appeal, appeal.

Mike

6.7. Convalescent Ratings. Under certain diagnostic codes, the VASRD
provides for a convalescent rating to be awarded for specified periods of time without regard to the actual degree of impairment of function. SUCH RATINGS DO NOT APPLY TO THE MILITARY DEPARTMENTS. Convalescence will ordinarily have been completed by the time optimum hospital improvement (for disposition purposes) has been attained. If not, rate according to the manifest impairment.
 
Mike,

I have read the DODI but many the Army regs do not follow them, how is it that the Army can pick and chooses witch DODI they will use?
 
Because no one holds them accountable. They are getting better as of late.

Mike
 
All: I received the results from the formal board. The board agreed with Jason. They said my condition is unfit for duty and that I be temporarily retired at 100% under VASRD Code 5054 which requires a 100% coding for 1 year following implantation of prosthesis. Jason, thanks for posting the VASRD codes online. The information was a life saver. :)

Mike
 
Mike,

Congratulations! It is good to hear that they did the right thing. I wish you the best in your retirement. Please consider sticking around or checking in here from time to time to let us know how things are going.

I am glad the ratings criteria proved helpful. It is nice to hear that we were able to help.

Congrats, again!
 
Congratulations! Another one in the
icon14.gif
thumbs up column. This site is a great benefit to all of us.
 
Jason said:
Mike,

Congratulations! It is good to hear that they did the right thing. I wish you the best in your retirement. Please consider sticking around or checking in here from time to time to let us know how things are going.

I am glad the ratings criteria proved helpful. It is nice to hear that we were able to help.

Congrats, again!
Click to expand...


Jason,
This is my first time to the site and I hope I am doing this right. You seem to be the person with all the answers.
I am active duty, Army with 6 years in. i am 30 years old. I am getting a Hip replacement. Being I am so young of coarse I want this replacement to last as long as possible. I am a chef in the military and feel that I wont be able to perform my duty's. Dont think ill be able to be on my feet all day long. So my question is.. is "Medical Retired" possibal? I have a year left on my contract and just not sure the route i should go. I am sorry if i am a bit confusing but I am sure once you read this, you will be able to answer or atleast ask me.. what you need to know in order to better help me.
Thanks so much for taking the time out to help me.

Karson
 
karson, welcome.

did your docs. tell you that you will have serious long term limitations after the surgery? hopefully your sugery goes well. but you have to be prepared for the "worst case" scenario. i never anticipated an MEB, but i prepared for one, in the event it was dropped on me. i had my 1'st back surgery and felt much worse. i had my 2'nd surgery and i knew it was coming. as soon as i came off of conv. leave and came back to light duty, they dropped the MEB on me. some things you can do to help are educate yourself to the DES (disability evaluation system). start generating copies of all medical documentation. make sure everything get annotated in your medical records. if you have any questions here, ask. there are alot of great people here, that are all in or were in the same situation as you. good luck!
 
Congrats Mike, Good to see the good fight win.

My question now is... What happens after 1 year if say you permanently retire:confused:. I am over 20 and had the same surgery last July. If they send me packing, they will have to (should) rate me 100%:rolleyes: also. Do they (PEB)come back in July and re-rate it even though I have seperated:cool:? D
 
Bkarson777 said:
Jason,
This is my first time to the site and I hope I am doing this right. You seem to be the person with all the answers.
I am active duty, Army with 6 years in. i am 30 years old. I am getting a Hip replacement. Being I am so young of coarse I want this replacement to last as long as possible. I am a chef in the military and feel that I wont be able to perform my duty's. Dont think ill be able to be on my feet all day long. So my question is.. is "Medical Retired" possibal? I have a year left on my contract and just not sure the route i should go. I am sorry if i am a bit confusing but I am sure once you read this, you will be able to answer or atleast ask me.. what you need to know in order to better help me.
Thanks so much for taking the time out to help me.
Karson
Click to expand...

Karson,

Welcome! If your hip replacement is "unfitting" (i.e., causes you to be unable to reasonably perform the duties of someone of your grade and MOS), then you will be retired.

Here is the rating criteria:

"5054 Hip replacement (prosthesis).

Prosthetic replacement of the head of the femur or of the acetabulum:
For 1 year following implantation of prosthesis 100%

Following implantation of prosthesis with painful motion or
weakness such as to require the use of crutches 90%

Markedly severe residual weakness, pain or limitation of motion
following implantation of prosthesis 70%

Moderately severe residuals of weakness, pain
or limitation of motion 50%

Minimum rating 30% "

I hope all goes well for you!
 
What happened after the temp retirment. I am AD at my 14 yr point and had a hip replacement 3 months ago. No real issues with surgery but will never run again and they just kicked off my MEB. I had a double hip scope last year and was told my left would need to be replaced but they believe they saved my rt hip w/a micro fracture and shaving off the impingement.
 
Hi everyone, this seems to be the thread I should ask my question on. I was injured during BMT, graduated and was on medical hold status when I received a diagnosis of bilateral avascular necrosis. My first THR was on August 16, 2011 and then the other side was on April 30, 2012. I just had the second meeting with the MEB office (I am on the legacy program since I am still in BMT; ie. the DoD does their determination first and then I have to file with the VA once I'm out-takes about 3 months to get through the MEB) and the diagnosis they are MEB'ing me for is "Idiopathic Avascular Necrosis, bilateral", but I no longer have my organic hips and it doesn't mention anything about either prosthesis. I am writing an exception to have this changed, but they didn't give me very much hope of it changing. Can they do this? I can't even find the VASRD code for AVN, but I know it is nothing like the kind of rating I would get with a bilateral THR. Any guidance? Thanks for everything you all do to help others in here!
 
Hello,

I've read a lot of good information here and appreciate you all that have input. I have a similar situation and wonder if someone could give me some guidance. I had my hip replaced in April 2012, and was able to get 3 LIMDU periods to heal. While my hip is slowly getting better, I now have a DJD in my other hip and will inevitably have to have it replaced at some point in the future.

So now I'm trying to get medically retired, and just wondered how this will work out since its over a year since my first replacing. The doc is submitting my men paperwork this week. Will they take into consideration my other hip since it ultimately was caused by overcompensating for the defective hip? Is there a chance they won't retire me? Sorry for all the questions. Thanks!
 
cjhuck77 said:
Hello,

I've read a lot of good information here and appreciate you all that have input. I have a similar situation and wonder if someone could give me some guidance. I had my hip replaced in April 2012, and was able to get 3 LIMDU periods to heal. While my hip is slowly getting better, I now have a DJD in my other hip and will inevitably have to have it replaced at some point in the future.

So now I'm trying to get medically retired, and just wondered how this will work out since its over a year since my first replacing. The doc is submitting my men paperwork this week. Will they take into consideration my other hip since it ultimately was caused by overcompensating for the defective hip? Is there a chance they won't retire me? Sorry for all the questions. Thanks!
Click to expand...

If you are still active duty, the hip if (more than likely) that was replaced will be rated at a minimum of 30%, thus retirement eligible, the other hip suffering from DJD will be rated based solely on rage of motion at time of physical exam for DoD purposes but can go up/down based on range of motion or when its replaced you will file to have it increased to 100% for one year then it will adjust down to 30% minimum. I say minimum because hip replacements can be rated 30/50/70 or 90% based on the VASRD.
 
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