Citation Nr: 18151276 Decision Date: 11/20/18 Archive Date: 11/16/18 DOCKET NO. 17-19 437 DATE: November 20, 2018 ORDER An effective date of September 1, 1999, for the grant of a separate evaluation for degenerative joint disorder (DJD) of the right knee is granted. An effective date of September 1, 1999, for the grant of a separate evaluation for DJD of the left knee is granted. FINDINGS OF FACT 1. The Veteran’s application for entitlement to service connection for right and left knee disabilities was received on September 30, 1999. 2. A June 2001 rating decision granted entitlement to service connection for DJD of the right and left knees, evaluated together as one disability, with an evaluation of 10 percent, effective September 1, 1999, the day after the Veteran separated from service. 3. The Veteran’s claim for an increased evaluation for his DJD of the bilateral knee was received on May 31, 2007. 4. An October 2007 rating decision continued the 10 percent evaluation for the Veteran’s DJD of the bilateral knee. 5. A June 2014 rating decision separated the Veteran’s DJD of the bilateral knee into separate 10 percent evaluations for each knee, with an effective date of May 31, 2007, based on a finding that the October 2007 rating decision was clearly and unmistakably erroneous for not granting separate 10 percent evaluations for each knee following a September 2007 VA examination which reflected evidence of painful motion. 6. The first evidence of record demonstrating painful motion regarding the Veteran’s right and left knees is a January 2000 VA examination, which was ordered in conjunction with the Veteran’s original September 2001 claim for service connection. CONCLUSIONS OF LAW 1. The criteria for an effective date of September 1, 1999, for the grant of a separate evaluation for DJD of the right knee have been met. 38 U.S.C. § 5110 (2012); 38 C.F.R. § 3.400 (2018). 2. The criteria for an effective date of September 1, 1999, for the grant of a separate evaluation for DJD of the left knee have been met. 38 U.S.C. § 5110 (2012); 38 C.F.R. § 3.400 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1978 to August 1999. These matters are on appeal from a June 2014 rating decision. The Board acknowledges that VA received the Veteran’s Rapid Appeals Modernization Program (RAMP) opt-in election form on May 4, 2018; however, this appeal has already been activated at the Board and is therefore no longer eligible for the RAMP program. Effective Date The effective date of an award of disability compensation shall be the day following separation from service or the date entitlement arose if the claim is received within one year of separation. Otherwise, the effective date shall be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b) (2012); 38 C.F.R. § 3.400(b)(2) (2018). The Veteran asserts that evaluations of his DJD of the right knee and DJD of the left knee warrant an effective date prior to May 31, 2007. As previously stated, in a June 2014 rating decision, the Regional Office (RO) separated the Veteran’s bilateral knee disability into two separate 10 percent ratings for DJD of the right knee and DJD of the left knee, effective May 31, 2007, the date of the Veteran’s claim for an increased raring, based on a September 2007 VA examination report which reflects evidence of painful motion in the Veteran’s right and left knees. Upon review of the record, the Board finds that entitlement to an effective date earlier than May 31, 2007 for the grant of separate evaluations for DJD of the right knee and DJD of the left knee is warranted. Prior to the Veteran's September 2007 VA examination, the Veteran underwent a VA examination in January 2000 for his right and left knees, in connection with his original September 2001 claim for service connection. The Veteran reported that pain in his right and left knees was constant and that he experienced flare-ups of knee pain when he performed deep knee bends, squatting, or traveling up and down stairs. He indicated both knees felt weak and he was unable to walk for long periods of time. Examination of the knees showed normal range of motion with no evidence of pain during movement, however, mild tenderness was noted along the joint line of each knee. Imaging tests confirmed degenerative joint disease in both knees. The Board finds that, while the Veteran’s DJD of the right knee and DJD of the left knee were not shown to be manifested by compensable limitation of motion during his January 2000 VA examination, there is competent evidence of painful motion of each knee, based on the Veteran’s reports during this examination regarding pain experienced during movements such as walking, bending, and climbing stairs. The Veteran is competent to report observable symptoms of his right and left knee disabilities, such as pain. Layno v. Brown, 6 Vet. App. 465 (1994). The Board finds no reason to doubt the credibility of the Veteran’s lay statements provided during his January 2000 VA examination regarding painful motion in his right and left knees. As the Veteran’s January 2000 VA examination report confirms evidence of painful motion in the Veteran’s right and left knees, as well a diagnosis of arthritis in each knee, the Board finds that an effective date of September 1, 1999 for the grant of separate evaluations for DJD of the right knee and DJD of the left knee is granted. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Houle, Associate Counsel