Question:

I'm normally at 80% but I currently have temporary hundred percent due to surgery on my left knee. I have degenerative joint disease and the VA wants to drop my rating. How can I make the VA see that every time that I get cut on "the 4th surgery on the same knee by the way" the cartilage or joint does not grow back. How can I tell them that?

Jim's Reply:

If you are hoping to keep the current temporary 100% rating intact, there's little chance that will happen. VA rates us as 100% disabled during recuperative periods after treatments for service connected conditions. Then we're examined to determine the status of the rated condition after treatment.  In theory if you're rated at 80% and you believe that the knee condition prevents you from working, you can apply for the TDIU benefit. That would be the most effective way for you to reach a 100% rating if that knee is interfering with gainful employment.