Citation Nr: 18159319
Decision Date: 12/19/18	Archive Date: 12/18/18

DOCKET NO. 17-05 260
DATE:	December 19, 2018
ORDER
Entitlement to an earlier effective date prior to November 2015, for the grant of 20 percent for dislocation with locking and effusion, status post arthroplasty, left knee (left knee disability) is denied.
FINDINGS OF FACT
1. The Veteran’s claim for entitlement to service connection for a left knee disability was granted in a February 2013 rating decision, with a 10 percent disability evaluation assigned effective from December 2011, and the disability characterized as left knee strain.
2. In August 2013 correspondence, the Veteran expressed her disagreement with 10 percent evaluation assigned for her knee disability.  
3. In a March 2016 rating decision, the RO re-characterized the Veteran’s left knee disability as dislocation with locking and effusion, status post arthroplasty, left knee, and assigned a 20 percent rating, effective from November 2015, the date of a VA examination.    
4. Prior to November 2015, it was not factually ascertainable that the Veteran met the criteria for an increased 20 percent rating for her left knee disability. 
CONCLUSION OF LAW
The criteria for an earlier effective date prior to November 2015, for the grant of a 20 percent rating for left knee disability have not been met. 38 U.S.C. §§ 5101, 5110 (West 2012); 38 C.F.R. §§ 3.151, 3.155, 3.400 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
Earlier Effective Date
Generally, except as otherwise provided, the effective date of an evaluation and award of pension, compensation, or dependency and indemnity compensation based on an original claim; a claim reopened after final disallowance; or a claim for increase, will be the date of receipt of the claim, or the date entitlement arose, whichever is later.  See 38 U.S.C. § 5110(a) and (b)(2); 38 C.F.R. § 3.400(o)(1).
Entitlement to an earlier effective date prior to November 2015, for the grant of 20 percent for dislocation with locking and effusion, status post arthroplasty, left knee
The Veteran contends that she is entitled to an earlier effective date of August 12, 2013, the date she submitted her Notice of Disagreement with the February 2013 rating decision, that assigned a 10 percent rating for her left knee strain.  In a March 2016 rating decision, the RO re-characterized the Veteran’s left knee disability as dislocation with locking and effusion, status post arthroplasty, left knee, and assigned a 20 percent rating, effective from November 2015, the date of a VA examination.  
In this regard, the evidence shows that in November 2015, the Veteran attended a VA Knee and Lower Leg Conditions Disability examination. Upon examination, the Veteran was found to meet the requirements of a 20 percent disabling rating under Diagnostic Code 5258. (This diagnostic code provides for a 20 percent rating for “cartilage, semilunar, dislocated, with frequent episodes of ‘locking,’ pain, and effusion in to the joint.”)  In a subsequent March 2016 rating decision, the Veteran was awarded a 20 percent disabling rating effective from November 4, 2015, the date of this examination. 
As noted above, the effective date for a claim for increase will be the date of receipt of the claim, or the date entitlement arose, whichever is later.  38 U.S.C. § 5110(a) and (b)(2); 38 C.F.R. § 3.400(o)(1). While the Board notes the Veteran’s contention that she should be afforded an earlier effective date of August 12, 2013, the date the Notice of Disagreement was submitted, the evidence of record does not support this contention. Indeed, the record is silent for evidence of locking and effusion in to the joint prior to November 4, 2015. 
Accordingly, the Board finds that the preponderance of the evidence is against the claim for an earlier effective date for the assignment of a 20 percent disability rating.


 
M. E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R.A. Elliott II, Associate Counsel