Citation Nr: 18125478 Decision Date: 08/10/18 Archive Date: 08/09/18 DOCKET NO. 15-10 904 DATE: August 10, 2018 ORDER Entitlement to a one-year temporary total disability rating, for right knee degenerative joint disease status post partial knee arthroplasty is granted. REMANDED Entitlement to an increased evaluation of right knee degenerative joint disease status post partial knee arthroplasty, higher than 10 percent prior to December 16, 2011, and higher than 30 percent from January 30, 2013, is remanded. FINDING OF FACT On December 16, 2011, the Veteran underwent a right knee partial knee replacement, the nature and extent of which is reasonably shown to be equivalent to prosthetic replacement of a knee joint as contemplated by Diagnostic Code 5055. CONCLUSION OF LAW The criteria for a temporary 100 percent disability rating based on partial knee replacement of the service-connected right knee disability for a one-year period commencing December 16, 2011, through January 30, 2013, have been met. 38 U.S.C. §§ 1155, 5103, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 4.71a Diagnostic Code 5055 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a Veteran who served on active duty from July 1985 to December 1996. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2012, rating decision of the Portland, Oregon, Department of Veterans Affairs (VA) Regional Office (RO). In February 2018, a Board hearing was held before the undersigned. A transcript of the hearing is associated with the Veteran’s claims file. Entitlement to a one-year temporary evaluation of 100 percent, based on right knee surgical or other treatment necessitating convalescence, for right knee degenerative joint disease status-post partial knee arthroplasty The Veteran filed a claim seeking an increased rating for his right knee. In December 2011, he had a right knee arthroscopy with open medial compartment hemiarthroplasty, and right patellofemoral replacement. His appeal concerns whether his partial right knee replacement qualifies for a total rating for one year after the initial one-month total convalescent rating assigned under 38 C.F.R. § 4.30 (2017), and entitlement to an increased evaluation thereafter pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5055. The RO assigned a total rating from December 16, 2011, to March 1, 2012, and a 30 percent rating thereafter under Diagnostic Code 5055. 38 C.F.R. § 4.71a. Diagnostic Code 5055 provides that for knee replacement (prosthesis), a 100 percent evaluation is assigned for one year following the implantation of the prosthesis. 38 C.F.R. § 4.71a. The Board takes note of the fact the Federal Circuit has held that the provisions of Diagnostic Code 5055 are applicable to partial knee replacements. Hudgens v. McDonald, 823 F.3d 630 (2016). In view of the foregoing, the Veteran is entitled to a 100 percent evaluation for the one-year period following right knee operation performed in December 2011. REASONS FOR REMAND Entitlement to an increased evaluation for right knee degenerative joint disease status-post partial knee arthroplasty, higher than 10 percent prior to December 16, 2011, and higher than 30 percent from January 30, 2013, is remanded. As stated above, the Veteran is in receipt of a 30 percent evaluation following his period of convalescence. The Veteran was last afforded an examination in 2013. Sherwood rehabilitation records indicate the Veteran underwent physical therapy on his right knee in 2015. At a December 2015, follow up visit at Sports Medicine Oregon, the Veteran was found to have continued problems with his right knee, and reported giving way with acute sharp medial pain. As the Veteran was last examined in 2013, and has sought treatment since then, with new complaints of instability, a new examination is needed to assess the current severity of his right knee condition. The matter is REMANDED for the following action: 1. Obtain and associate with the Veteran’s claims file all ongoing VA, and private, treatment records. 2. Schedule the Veteran for an appropriate VA examination to evaluate the current severity of his right knee condition. The Veteran’s claims file should be made available for review by the examiner in conjunction with the examination. All indicated studies should be performed. The examiner is asked to ensure that the examination includes the findings required by Correia v. McDonald, 28 Vet. App. 158 (2016), Sharp v. Shulkin, 29 Vet. App. 26 (2017). H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Skiouris, Associate Counsel