Citation Nr: 21070587
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 16-31 051
DATE: November 24, 2021

ORDER

A separate rating for left knee instability after February 7, 2021, may not be assigned.  

FINDING OF FACT

The Veteran underwent a May 2010 Department of Veterans Affairs (VA) left total knee arthroplasty and October 2011 and November 2013 left total knee arthroplasty revisions.  

CONCLUSION OF LAW

A separate rating for left knee instability after February 7, 2021, may not be assigned.  38 C.F.R. § 4.71a, Diagnostic Code 5055 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from August 1976 to August 1980.  

In May 2021, the Board of Veterans' Appeals (Board) granted a 60 percent rating, and no higher, for left total knee arthroplasty residuals "during the entire period on appeal excluding periods of temporary total evaluations" and a separate 10 percent rating for left knee instability prior to February 7, 2021, and remanded the issue of entitlement to a separate rating for left knee instability on and after February 7, 2021, to the Agency of Original Jurisdiction.  A July 2021 rating decision established a 60 percent rating for left total knee arthroplasty residuals, effective December 1, 2012.  

Separate Rating for Left Knee Instability on and after February 7, 2021

On and after February 7, 2021, a 100 percent rating is warranted for total knee replacement (arthroplasty) for four months following implantation of prosthesis.  Total knee replacement with chronic residuals consisting of severe painful motion or weakness in the affected extremity warrants assignment of a 60 percent rating.  38 C.F.R. § 4.71a, Diagnostic Code 5055 (2021).  When a rating is assigned for the prosthetic replacement of the knee under Diagnostic Code 5055, an additional rating under § 4.71a may not also be assigned for that joint, unless otherwise directed.  38 C.F.R. § 4.71a, Diagnostic Code 5055, Note 1 (2021). 

The provisions of 38 C.F.R. § 4.71a, Diagnostic Code 5055 do not direct that a separate rating may be assigned for knee instability.  Therefore, a separate rating for left knee instability after February 7, 2021, may not be assigned.  38 C.F.R. § 4.71a, Diagnostic Code 5055 (2021).

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Marsdale

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.