Question:

Jim, I have been on an NOD-2012, and BVA appeal since 2-2015 for an increase in disability to my L knee due to degenerative arthritis which is service-connected. I finally got my appeal back 9-2108 from the BVA, as stated that they have Remanded the case back to the Atlanta office. The judge berated the ATL office for not basically doing their job and allowing all my medical evidence and remanded the case back to them as of 9-2018. My question is two fold, I am getting ready to have my TKR done next month, due to the ongoing severity; secondly, will I lose all that time for appealing from 2012 to present because I have opted for my TKR? I believe they are two separate issues, to wit the first appeal will be tossed in the ever going abyss of appeals.

Jim's Reply:

Your appeal will go forward even though you will have a TKR. You'll receive a temporary 100% rating while you recuperate for a few months and then you'll be examined and a more permanent rating will be awarded depending on the severity of any residual effects of the TKR surgery. I can't speak to any opportunity for an increase due to your long standing appeal. For the BVA to fuss at the VARO for not doing something they should have is pretty typical and doesn't mean you'll prevail. If your current rating is appropriate by the schedule, it's likely that your rating will remain the same up to the date of the TKR surgery and then will follow the usual course after.