Citation Nr: 18155178
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 16-53 014
DATE:	December 4, 2018


ORDER

A compensable rating for bilateral knee chondromalacia patella is denied.


INTRODUCTION

The Veteran served on active duty from January 1972 to January 1976, and from October 1985 and to December 1989.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

For the reasons discussed herein, the Board is denying the Veteran’s claim of entitlement to a compensable rating for bilateral chondromalacia patella.  However, in support of the claim being denied, the Veteran submitted evidence and argument in support of claims of entitlement to service connection for left and right knee degenerative arthritis, post total arthroplasty, both on a direct basis and as secondary to his service-connected bilateral chondromalacia patella.  The RO has yet to develop or adjudicate these claims and, thus, the Board does not have jurisdiction to review them herein.  Accordingly, these claims are referred to the RO for development and consideration in the first instance.



FINDINGS OF FACT

1.  In May 2010, the Veteran underwent total knee arthroplasty, bilaterally, for degenerated arthritis and tricompartment arthrosis.

2.  The service-connected disability of bilateral chondromalacia patella no longer exists.

3.  Service connection for bilateral chondromalacia patella was granted in a February 1991 rating decision, and a noncompensable rating was assigned therein, effective December 2, 1989.


CONCLUSION OF LAW

The criteria for a compensable rating for bilateral chondromalacia patella have not been met.  38 U.S.C. § 1155; 38 C.F.R. §, 4.71a, Diagnostic Code 5010.

REASONS AND BASES FOR FINDINGS AND CONCLUSION
In a February 1991 rating decision, service connection was granted for a bilateral knee condition, which was diagnosed as “bilateral chondromalacia patella.”  At the time of that rating decision, neither did the Veteran assert nor did the evidence otherwise demonstrate that the disability for which service connection was sought was diagnosed as right and/or left knee degenerative arthritis.  A single, noncompensable rating was assigned to bilateral knee chondromalacia patella.  Despite receiving notice of this decision and notice of his appellate rights, the Veteran did not perfect an appeal.
In March 2013, the Veteran submitted a claim of entitlement to a compensable rating for a “bilateral knee condition.”  Evidence received by VA in support of this claim demonstrated that the Veteran underwent total knee arthroplasty, bilaterally, in May 2010.  The resulting operative note demonstrated that the pre-operative disability was left and right knee “degenerated arthritis,” and that the operative findings were “severe tricompartmental arthrosis, especially in the patellofemoral articulation.”
Based on the above, the Board finds that the service-connected disability of bilateral chondromalacia patella no longer exists because of the May 2010 total knee replacements (arthroplasty) and, thus, analyzing its current severity is moot.  As such, the criteria for a compensable rating for this disability is not warranted.
Because the noncompensable rating for bilateral chondromalacia patella was assigned in a February 1991 rating decision, and made effective December 2, 1989, it has been in effect for more than 20 years.  38 C.F.R. § 3.951.  Consequently, it is a protected rating and it will not be disturbed herein. 
As discussed in the Introduction, the Board is referring to the RO claims of entitlement to service connection for left and right knee degenerative arthritis, post total arthroplasty, to include as secondary to service-connected chondromalacia patella.  The RO will develop and adjudicate these issues.
 
T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Sean G. Pflugner, Counsel