Citation Nr: 18151226
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 15-13 733
DATE:	November 16, 2018
REMANDED
Entitlement to a rating in excess of 30 percent for status post total right knee arthroplasty (TKA).  
REASONS FOR REMAND
The Veteran had active service in the United States Army from June 1978 to June 1981.  
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.   
The Board notes that the Veteran was assigned a temporary 100 percent rating for his right knee disability for purposes of undergoing a TKA during the appeal period.  Therefore, the Board has limited its consideration of the issue on appeal accordingly.   
The Board finds that additional development is required before the Board may adjudicate the claim on appeal.  
On June 18, 2009, the Veteran underwent a TKA procedure on his right knee.  The Veteran was assigned a temporary total rating pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5055.  The temporary total rating period appears to have been extended by a period of over two years.  In a February 2012 rating decision, the RO proposed to reduce the Veteran’s temporary 100 percent rating to 30 percent, the minimum rating for a knee disability status post TKA.  In a May 2012 rating decision, the Veteran’s rating was decreased to 30 percent, effective September 1, 2012.  The Veteran has indicated he should have a higher rating for his right knee disability, status post TKA.  
As the Veteran was assigned a temporary 100 percent rating for his right knee disability, the Board finds that 38 C.F.R. § 3.343 does not apply in this case and there is no cognizable rating reduction issue.  In this regard, pursuant to 38 C.F.R. § 4.30, the termination of a total rating under Diagnostic Code 5055 will not be subject to the procedural safeguards set forth in § 3.105(e).  Rather, such total ratings will be followed by appropriate schedular evaluations.  
In July 2014, the Veteran was afforded a VA examination to access the severity of his service-connected right knee disability.  A review of that examination report shows that the findings reported are not in compliance with the requirements outlined in Correia, 28 Vet. App. 158 or Sharp, 29 Vet. App. 26.  Therefore, the Veteran should be afforded a new VA examination to determine the currently level of severity of all impairment resulting from his right knee disability.        
The matter is REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.  
2. Schedule the Veteran for an appropriate VA examination to determine the current level of severity of all impairment resulting from his right knee disability.  The claims file must be made available to, and reviewed by the examiner.  Any indicated studies should be performed.  The examiner should provide all information required for rating purposes, to include all information required by Correia and Sharp.
3. Confirm that the VA examination report and any medical opinions provided comport with this remand, and undertake any other development determined to be warranted.  
4. Then, readjudicate the issue on appeal.  If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. O’Donnell, Associate Counsel