Citation Nr: A25035692 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 240708-458574 DATE: April 17, 2025 ORDER Entitlement to a temporary total evaluation due to right knee total replacement necessitating convalescence from January 19, 2024, to July 1, 2024, is granted. FINDING OF FACT The Veteran underwent a right knee total replacement on January 19, 2024. CONCLUSION OF LAW The criteria for a temporary total evaluation due to right knee total replacement necessitating convalescence from January 19, 2024, to July 1, 2019, are met. 38 C.F.R. §§ 4.30, 4.71a, Diagnostic Code (DC) 5055. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from February 1988 to August 1994, January 2002 to May 2002, June 2002 to September 2002, and March 2007 to April 2010. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2024 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the July 2024 VA Form 10182, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the February 2024 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to a temporary total evaluation due to right knee total replacement necessitating convalescence from January 19, 2024. The Veteran asserts entitlement to an additional month of total convalescent pay. More specifically, the Veteran explained that the VA granted four months of convalescence following the right knee total replacement. The Veteran contended that a knee replacement warrants an initial month of convalescence under 38 C.F.R. § 4.30 and four additional months under 38 C.F.R. § 4.71a, DC 5055, for a total of five months. See July 2024 VA Form 21-4138 Statement in Support of Claim. Upon a review of the record, the Board finds that a total rating is warranted from January 19, 2024, to July 1, 2024, as related to convalescence for right knee total replacement. Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Ratings are based on the average impairment of earning capacity resulting from the Veteran's disability or combination of disabilities. Id. The Schedule for Rating Disabilities assigns a unique diagnostic code to each listed condition. Residuals of knee replacement surgery are rated under 38 C.F.R. § 4.71a, DC 5055. This regulation formerly prescribed an initial one-month total rating to the end of the month following hospital discharge, followed by an additional twelve-month total rating; however, regulatory changes effective February 7, 2021, shortened the additional twelve-month period to four months. See 38 C.F.R. § 4.71a, DC 5055. The Schedule for Rating Disabilities now explicitly directs that a "100 percent rating for 4 months following implantation of prosthesis or resurfacing under DCs 5054 and 5055 will commence after initial grant of the 1-month total rating assigned under § 4.30 following hospital discharge." 38 C.F.R. § 4.71a, Prosthetic Implants and Resurfacing, Note (5). Turning to the evidence of record, the Veteran underwent a total knee replacement of the right knee on January 19, 2024. See January 2024 VA Treatment Records. In accordance with 38 C.F.R. § 4.71a, Prosthetic Implants and Resurfacing, Note (5), the Veteran is entitled to one month of convalescence under 38 C.F.R. § 4.30 and an additional four months of convalescence pursuant to 38 C.F.R. § 4.71a, DC 5055. Therefore, the Veteran is entitled to a total evaluation due to total knee replacement of the right knee necessitating convalescence for a total of 5 months. Accordingly, the Board finds that the Veteran is entitled to a temporary total evaluation due to right knee total knee replacement necessitating convalescence from January 19, 2024, to July 1, 2024. John R. Doolittle, II Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Brostowski, Leyna 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.