Total hip replacement and complications

Question:

Jim: My husband had a total hip replacement in July 2017 and was given 100% for a year, then down to 30%. Unfortunately my husband developed hetertopic ossification which now he loses his range of motion and unable to tie his shoes and need assistance with that along with if get in the bathtub and in and out of the car. Walks with a cane. We submitted a claim for residuals from the hip replacement (range of motion, pain, and hetertopic ossification and the scar) and aid and attendance.  They gave him 10% for the scar and rated the rest as one with the hip from 30 to 50. And that total made him 90% and denied aid and attendance and a reduction in pay.  My husband is helpless if he fall, because he would not be able to get up. My question is, was that the right route to go or should we have applied for IU? He is 68 and retired 5 years ago. Was awarded Disability SS then and we applied for IU at that time and was denied. This was before the hip replacement. Your input or any information would truly be appreciated. I am so sad for my huband before he cannot bend to help himself.

Jim's Reply:

Heterotopic ossification is fairly common after hip replacement. About 1/3 to 1/2 of all patients who receive a hip implant will develop the condition to some degree. Whether or not VA will approve the TDIU benefit is questionable. The TDIU benefit is meant to be a short cut to 100% for vets who can't hold gainful employment due to service connected disabling conditions. It isn't a retirement benefit, although many vets will retire and then apply for TDIU. Ideally the veteran will be forced out of work and have documentation that the reason he or she was forced out was a service connected disability. If a veteran retires for any reason other than a service connected disabling condition, TDIU is likely to be denied. Had you timely appealed when he was denied 5 years ago, he may have been awarded the benefit on appeal. Today he'll have to apply again and hope for the best outcome.