Citation Nr: 21010790 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 17-56 567 DATE: February 25, 2021 ORDER A rating higher than 60 percent for left total knee replacement is denied. FINDING OF FACT The Veteran’s total left knee replacement is rated at the maximum schedular rating. CONCLUSION OF LAW A schedular rating greater than 60 percent is not available for the Veteran’s total left knee arthroplasty. 38 U.S.C. §§ 1155; 38 C.F.R. §§ 4.68, 4.71a, Diagnostic Code (DC) 5055.   REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1990 to July 1998. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified before the undersigned Veterans Law Judge. A hearing transcript will be associated with the claims file at a later date. The Veteran contends that his left total knee replacement is entitled to an evaluation rating higher than 60 percent assigned disability rating. A June 2013 rating decision initially granted service connection for left knee ligament repair under 38 C.F.R. § 4.71a Diagnostic Code (DC) 5010-5257 effective December 2012. In December 2012, the Veteran’s left knee disability worsened and required a total left knee replacement; therefore, the rating decision also assigned a 100 percent rating for the knee replacement, effective December 5, 2012, and a 30 percent rating from February 1, 2014 under the provisions of 38 C.F.R. § 4.71a DC 5055. In an October 2015 rating decision, the rating was increased to 60 percent, effective June 30, 2015. Under DC 5055, a 100 percent rating is warranted for a period of one year of convalescence following the implantation of the prosthetic knee for as provided for in 38 C.F.R. § 4.30. Following the one-year period of convalescence, the Veteran’s knee is assigned a subsequent rating under DC 5055. A 60 percent rating, the maximum schedular evaluation, is assigned status total knee replacement with chronic residuals consisting of severe painful motion or weakness in the knee. The 60 percent rating currently assigned under DC 5055 is the maximum schedular disability rating available under this that code (excluding a 100 percent disability rating assigned for one year following implantation of prosthesis). Therefore, a higher disability rating is not warranted for the Veteran’s service-connected left knee disability. The Board has considered all potentially applicable diagnostic codes in accordance with Schafrath v. Derwinski, 1 Vet. App. 589 (1991). However, there is no higher rating available under any other provision governing the evaluation of knee disabilities. In addition, service connection has previously been awarded for a scar related to the left knee disability. The Veteran is in receipt of the maximum schedular rating under DC 5055, a higher rating under that code is not possible. The Board also finds that no other diagnostic code provides a basis for any higher rating. Therefore, the claim for an increased schedular rating in excess of 60 percent for the Veteran’s total left knee replacement must be denied. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Hemphill 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.