Citation Nr: 21073249
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 19-39 099
DATE: December 8, 2021

ORDER

A rating in excess of 60 percent for right knee disability status post right knee replacement is denied.

FINDING OF FACT

A rating in excess of 60 percent for right knee disability status post right knee replacement is not available under the rating schedule.

CONCLUSION OF LAW

The criteria for a rating in excess of 60 percent for right knee disability status post right knee replacement have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.7, 4.10, 4.68, 4.71a, Diagnostic Code (DC) 5055.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Marine Corps from March 1960 to April 1963.

1. A rating in excess of 60 percent for right knee disability status post right knee replacement

The Veteran's right knee disability has been rated 60 percent under Diagnostic Code 5055. Diagnostic Code 5055 provides for a temporary 100 percent rating for four months following implantation of prosthesis or resurfacing. Diagnostic Code 5055 then provides for a minimum 30 percent rating and maximum 60 percent rating awarded for prosthetic replacement of the knee joint with chronic residuals consisting of severe painful motion or weakness. Alternatively, Diagnostic Code 5055 directs that evaluations may be assigned under Diagnostic Codes 5256, 5261, or 5262. 38 C.F.R. § 4.71a, DC 5055.

After reviewing the record, the Board finds a rating in excess of 60 percent for the Veteran's right knee disability is not appropriate. The evidence does not show that the Veteran had right knee replacement or resurfacing procedures during the claim period or within a year prior to warrant a temporary 100 percent rating. In statements to VA, the Veteran reported constant pain, weakness, falls, and difficulty getting around because of his right knee disability. The Veteran's wife also wrote that he has limited mobility and ability to complete activities. Symptoms of severe painful motion, weakness, and associated functional loss are considered by the 60 percent rating assigned to the Veteran's knee disability. However, regardless of the Veteran's and his wife's reports, a rating in excess of 60 percent is not available under the VA disability rating schedule. 

Sixty percent is the highest rating under Diagnostic Code 5055. Similarly, Diagnostic Codes 5256, 5261, and 5262 do not provide for ratings in excess of 60 percent. Moreover, the rating for amputation of the leg at the knee or below is 60 percent, and VA regulations establish that the rating for a disability of an extremity shall not exceed the rating for amputation, were amputation to be performed. 38 C.F.R. §§ 4.68, 4,71a, DC 5162-5165. Accordingly, the rating for the Veteran's right knee disability cannot exceed 60 percent, and the appeal for a higher rating must be denied. See id.

The Board is grateful for the Veteran's honorable service, and this decision is not meant to detract from that service. However, an increased rating for the right knee disability is not available at this time. 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.P. Armstrong

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.