BVA9505034 DOCKET NO. 92-52 729 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to restoration of a 30 percent evaluation for post-operative residuals of a right knee disorder with traumatic arthritis from February 1, 1991 to May 7, 1991. 2. Entitlement to an increased evaluation for post-operative residuals of a right knee disorder with traumatic arthritis, currently evaluated as 30 percent disabling. 3. Entitlement to a total rating for compensation purposes based on individual unemployability. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD S. D. Regan, Associate Counsel INTRODUCTION The veteran had active service from February 1975 to September 1976. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from November 1990, September 1991 and May 1993 rating decisions of the Cleveland, Ohio Regional Office (hereinafter "the RO"). The November 1990 rating decision reduced the disability evaluation for the veteran's service connected post-operative residuals of a right knee disorder with traumatic arthritis from 30 percent to 20 percent effective February 1, 1991. The September 1991 rating decision increased the disability evaluation for the veteran's right knee disorder from 20 percent to 30 percent effective May 8, 1991. In October 1992, the Board remanded this appeal to the RO so that the issue of entitlement to a total rating for compensation purposes based on individual unemployability could be formally adjudicated. In a May 1993 rating decision, the RO denied entitlement to total rating for compensation purposes based on individual unemployability. In May 1994, the Board remanded this appeal to the RO so that the veteran could be afforded a Department of Veterans Affairs (hereinafter "VA") orthopedic evaluation. The veteran has been represented throughout this appeal by the Disabled American Veterans. CONTENTIONS OF APPELLANT ON APPEAL The veteran asserts on appeal that the RO erred in reducing the disability evaluation for his service-connected post-operative residuals of a right knee disorder from 30 percent to 20 percent for the period from February 1, 1991 to May 7, 1991. The veteran also avers that the RO erred in denying an evaluation in excess of 30 percent for his right knee disorder and in denying a total rating for compensation purposes based on individual unemployability. The veteran contends, essentially, that a 30 percent disability evaluation was warranted for his right knee disorder from February 1, 1991 to May 7, 1991 and that his current symptomatology indicates that a higher disability evaluation is warranted for that disorder. The veteran also argues that his service-connected right knee disorder so significantly impairs his activities as to render him unfit for any form of substantially gainful employment. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file(s). Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that a preponderance of the evidence supports the veteran's claim for restoration of a 30 percent disability evaluation for post-operative residuals of a right knee disorder from February 1, 1991 to May 7, 1991. The Board further concludes that a preponderance of the evidence is adverse to the veteran's claim for an evaluation in excess of 30 percent for post-operative residuals of a right knee disorder with traumatic arthritis and to his claim for a total rating for compensation purposes based on individual unemployability. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. The veteran's right knee disorder was productive of no more than severe impairment of the knee for the period from February 1, 1991 to May 7, 1991. 3. The veteran's right knee disorder is presently productive of no more than severe impairment of the knee. 4. Service connection is in effect for post-operative residuals of a right knee disorder with traumatic arthritis evaluated as 30 percent disabling. 5. The veteran has reported completing high school, an ironworkers apprenticeship and four years of college. He reports occupational experience as an ironworker from November 1987 to November 1992 and as a voucher examiner from November 1992 to the present. 6. The veteran's service-connected right knee disorder, which is his sole service-connected disability, is not of such severity as to preclude him from securing and following some form of substantially gainful employment consistent with his education and work experience. CONCLUSIONS OF LAW 1. The schedular criteria for restoration of a 30 percent disability evaluation for post-operative residuals of a right knee disorder with traumatic arthritis from February 1, 1991 to May 7, 1991 have been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. § 3.344 and Part 4, including 4.3, 4.7, 4.40 and Diagnostic Codes 5003, 5257, 5260, 5261 (1993). 2. The schedular criteria for an evaluation in excess of 30 percent for post-operative residuals of a right knee disorder with traumatic arthritis have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. Part 4, including §§ 4.3, 4.7, 4.40 and Diagnostic Codes 5003, 5257, 5260, 5261 (1993). 3. A total rating for compensation purposes based on individual unemployability due to the veteran's service-connected disabilities is not warranted. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 3.321, 3.340, 3.341, 4.3, 4.16 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, it is necessary to determine whether the veteran has submitted a well-grounded claim within the meaning of 38 U.S.C.A. § 5107(a) (West 1991), and if so, whether the VA has properly assisted him in the development of his claim. A "well-grounded" claim is one which is not implausible. A review of the record indicates that the veteran's claim is plausible and that all relevant issues have been properly developed. Accordingly, an additional remand in order to allow for additional development of the record is not appropriate. I. Restoration of a 30 Percent Evaluation for Post-Operative Residuals of a Right Knee Disorder from February 1, 1991 to May 7, 1991. A. Historical Review The veteran's service medical records indicate that he was treated for a right knee disorder during service. An April 1975 treatment entry noted that the veteran complained of right knee pain and indicated that his knee would pop out of joint. A later April 1975 treatment entry reported that the veteran complained of pain in the right knee. The impression was possible fracture of the patella with strained ligaments. A July 1975 hospital narrative summary related that the veteran underwent a right knee arthrotomy and lateral meniscectomy. A December medical board report noted that the veteran initially twisted his right knee in 1974 playing basketball. In April 1975, he reinjured his right knee and had undergone an arthrotomy and lateral meniscectomy in July 1975. The medical board report indicated diagnoses of slight rotator instability, anteromedial, of the right knee; early post-traumatic arthritis, mild patella chondromalacia status post rotator instability and anterior cruciate ligament tear. An April 1976 medical board report indicated final diagnoses of lateral subluxation of the right patella, light rotatory instability, anteromedial, of the right knee, early post-traumatic arthritis, mild chondromalacia of the patella and anterior cruciate ligament tear. The September 1976 separation examination noted that the veteran had a scar on the lateral medial side of the right knee and that he had a history of surgery for a torn right lateral meniscus with ruptured anterior cruciate ligament. A February 1977 VA hospital summary noted that the veteran was admitted for pain in his right knee. The diagnoses included post-traumatic arthritis of the right knee. The veteran underwent a VA examination in February 1977. The examiner diagnosed status post arthrotomy of the right knee with some degenerative change with arthritis and torn cruciate ligament. In April 1977, service connection was granted for post-operative residuals of a right knee arthrotomy with traumatic arthritis. A 10 percent disability evaluation was assigned with an effective date of September 17, 1976. An October 1979 VA examination report noted a diagnosis of marked anterolateral rotatory instability with a history of effusion. In January 1980, the disability evaluation was increased from 10 percent to 20 percent for post-operative residuals of a right knee disorder with traumatic arthritis. The veteran underwent an additional VA examination in June 1980. The diagnoses included status post meniscectomy of the right knee with combined medial and anteromedial instability with early post-traumatic arthritis. A May 1985 VA examination report related a diagnosis of anterior cruciate deficit of the knee with anterior instability and anterior instability and anterolateral rotatory instability. Emergency treatment records dated in February 1988 from the Mount Carmel Medical Center, Columbus, Ohio noted that the veteran complained of a twisted right knee after falling off a ladder. The impression was traumatic injury of the right knee with effusion. Treatment records from Dr. Joseph T. Leach dated from February 1988 to April 1988 indicated that the veteran was treated for disorders including his right knee disorder. A February 1988 treatment entry noted that the veteran had dislocated his patella a couple of weeks earlier and had put it back on his own and that he had bumped the knee again and was treated at the Mount Carmel Medical Center. Dr. Leach noted that this was all an aggravation of the precondition of the veteran's right knee. An April 1988 treatment entry noted that the veteran was getting a click in his knee. Dr. Leach noted that the veteran's knee gave way on him and that he thought the veteran had torn a little adhesion loose. The veteran underwent a VA examination in November 1988. The veteran complained of right knee pain, swelling, locking and snapping. The examiner noted pain and stiffness of the right knee with mild swelling and tenderness. There were three surgical scars noted. There was mild instability and restriction of range of motion which was 0 to 100 degrees. The examiner noted quadriceps atrophy with the right 48 cm. and the left 53. The veteran also had difficulty squatting and was unable to jog, climb, or walk long distances. The diagnoses were status post right knee surgeries. The November 1988 radiological report noted an impression of a basically unchanged appearance of the right knee with mild degenerative change and the possibility of an old osteochondral fracture at a site of slight irregularity along the medial femoral condyle. In an undated statement on appeal, the veteran reported that he was an ironworker and that his leg would swell when working which would cause him to lose range of motion. The veteran also related that his knee would lock and buckle. A December 1988 statement from Joseph T. Leach, M.D., reported that the veteran was seen in November 1988 complaining of right knee swelling and that it was still clicking. The veteran had 90 degrees of flexion and 180 degrees of extension. In January 1989, the veteran's disability evaluation was increased from 20 percent to 30 percent for post-operative residuals of a right knee disorder with traumatic arthritis with an effective date of August 17, 1988. The veteran underwent an additional VA examination in July 1990. He complained that his right knee would swell which would limit his range of motion and cause pain and stiffness. The veteran also related that his knee would buckle under him and would also lock up. He further reported that his knee made a lot of snapping sounds. It was noted that he still had a lot of pain. The examiner reported that the veteran had a normal gait and was able to squat 75 percent and walk on his heals and toes. The range of motion was 0 to 125 degrees. His strength was 5-/5 and there was slight anterior medial instability. The anterior drawer sign was 1+ and the Lockman test was 1+. The McMurray's test was negative and there was no effusion. Crepitus was 1+. Three scars were noted on the knee. The diagnosis was status post surgical reconstruction of the anterior cruciate ligament and medial meniscectomy of the right knee with traumatic degenerative arthritis to a moderate degree. A July 1990 radiological report indicated an impression of redemonstration of degenerative changes of the right knee with progression of narrowing of the joint space compartment medially. In August 1990, the RO proposed reducing the veteran's disability evaluation for his right knee disorder from 30 percent to 20 percent. In a November 1990 rating decision, the RO reduced the disability evaluation for post-operative residuals of a right knee disorder with traumatic arthritis from 30 percent to 20 percent effective February 1, 1991. B. Restoration Disability evaluations are determined by comparing the veteran's present symptomatology with the criteria set forth in the Schedule for Rating Disabilities. 38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. Part 4 (1993). Moderate impairment of either knee, including recurrent subluxation or lateral instability, warrants a 20 percent disability evaluation. A 30 percent evaluation requires severe impairment. 38 C.F.R. Part 4, Diagnostic Code 5257 (1993). Arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved. 38 C.F.R. Part 4, Diagnostic Code 5003 (1993). Limitation of flexion of either leg to 30 degrees warrants a 20 percent evaluation. A 30 percent evaluation requires that flexion be limited to 15 degrees. 38 C.F.R. Part 4, Diagnostic Code 5260 (1993). Limitation of extension of either leg to 15 degrees warrants a 20 percent evaluation. A 30 percent evaluation requires that extension be limited to 20 degrees. A 40 percent evaluation requires that extension be limited to 30 degrees. 38 C.F.R. Part 4, Diagnostic Code 5261 (1993). The average normal range of motion of the leg and knee is from 0 to 140 degrees. 38 C.F.R. § 4.71 (1993). Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7 (1993). Title 38 of the Code of Federal regulations (1993) provides in pertinent part that: Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and VA regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical- industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial, asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. . . . Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. 38 C.F.R. § 3.344(a) (1993). The Board further observes that the provisions of 38 C.F.R. § 3.344(c) (1993) limit the application of 38 C.F.R. § 3.344(a) (1993). That regulation provides, in pertinent part, that: The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvements, physical or mental, in these disabilities will warrant reduction in rating. 38 C.F.R. § 3.344(c) (1993). As noted above, in April 1977, service connection was granted for post-operative residuals of a right knee arthrotomy with traumatic arthritis and a 10 percent disability evaluation was assigned with an effective date of September 17, 1976. In January 1980, the veteran's disability evaluation was increased to 20 percent for post-operative residuals of a right knee disorder with traumatic arthritis. In January 1989, the veteran's disability evaluation was increased from 20 percent to 30 percent with an effective date of August 17, 1988. The veteran's 30 percent disability evaluation for his right knee disorder was reduced to 20 percent pursuant to a November 1990 rating decision. The reduction was effectuated on February 1, 1991. The veteran's 30 percent disability evaluation had not been in effect for five years or more. Given this fact, we find that 38 C.F.R. § 3.344(a) (1993) is not applicable to the instant appeal. We also note the 30 percent rating was restored in May 1991. A January 1991 statement from Joseph T. Leach, M.D.,, reported that the veteran had a badly injured right knee which required reconstruction. Dr. Leach indicated that the veteran's knee was still giving him some difficulty and was buckling on him. Dr. Leach indicated that he felt that as far as being an ironworker, the veteran was totally disabled. A May 1991 report from David B. Robie, M.D., noted a diagnoses of the need to rule out medial meniscal tear. In his May 1991 hearing on appeal the veteran testified that he had problems with his knee giving way. He indicated that his knee would pop and crack on walking and that he had difficulty going up stairs. He related that he currently used a brace for his knee. The veteran also stated that he did not have normal range of motion of his right leg and knee. He reported that when his knee would swell and his range of motion would decrease and that he also would have redness. He testified that he had undergone surgery on his right knee on two occasions in the past and that he was scheduled for surgery in the future. The veteran reported that his physician felt he was totally disabled as to the type of work he did as he was an ironworker. He stated that he had not worked since January 1991. He indicated that he had enrolled in a university since leaving his job as an ironworker. The veteran reported that he was receiving therapy for his right knee. Private treatment records dated in May 1991, indicated that the veteran was treated for his right knee disorder. A May 1991 entry indicated an impression of an old anterior cruciate ligament injury, status post meniscectomy with likely recurrent meniscal injury and post-traumatic degenerative joint disease. A May 1991 operative report from Riverside Methodist Hospital, Columbus, Ohio, indicated that the veteran underwent a right knee arthroscopy with partial medial meniscectomy, partial lateral meniscectomy and chondroplasty femoral trochlea. The post- operative diagnoses were chronic anterior cruciate ligament deficit, degenerative medial meniscal tear, degenerative lateral meniscal tear, chondral defect, femoral trochleas with moderate tract compartmental degenerative joint disease. The veteran underwent a VA neurological examination in June 1991. The veteran reported that since his last examination, his knee had loosened up and became more unstable. He indicated that he had problems with swelling, locking and giving way in his right knee. He also related that he had constant pain with swelling, locking, popping and snapping of the knee. The veteran reported that he had difficulty going up stairs and that his physician had told him to no longer perform ironwork. He also stated that he had atrophy. The examiner reported that deep tendon reflexes were 2/5. Sensory examination was normal to all modalities. The diagnosis was knee pain with probable degenerative joint disease versus a cartilage problem. A September 1991 rating decision increased the veteran's disability evaluation for his right knee disorder from 20 percent to 30 percent effective May 8, 1991. The veteran underwent a VA examination March 1993. He indicated that he had undergone arthroscopic surgery in 1991 and that since then his pain had been much less. The veteran reported that his knee would give out on him and buckle at times. He reported that since the surgery he has had less problems with his knee locking and hyperextension. The veteran indicated that this left knee caused him more pain than his right knee at the present time. The examiner noted that the veteran had numbness in the lateral knee and had some crepitus. He had full range of motion of that knee and his knee was nontender. Neurological reflexes were 1+ throughout and the neuromuscular exam was intact. The assessment was right knee injury with torn anterior cruciate ligament and total knee reconstruction. A March 1993 radiological report indicated as to an impression that the right knee suggested previous trauma and some early degenerative change in the articulating surfaces of the distal femur. The condyles showed a difference in configuration when compared to the more normal appearing left side. The veteran underwent an additional VA examination in July 1994. It was noted that the veteran complained of continued pain and swelling of the knee. He indicated this was worse on going down steps or when standing for a prolonged period of time. The veteran also complained of problems with the knee buckling as well as hyperextension. It was noted that the veteran was to be fitted with a Lenox Hill brace in the next few weeks in order to try to stabilized the knee. It was observed that the veteran occasionally used a cane for ambulation. The veteran reported numbness about the scars from previous surgery. The examiner noted three scars in the peripatellar region. On sensation examination, there was decreased sensation about the kneecap in an 8 centimeter circumference around the knee. The veteran lacked 2 degrees of extension and flexion was 90 degrees. On manual muscle testing he had grossly 5/5 strength in the bilateral lower limbs. Reflexes were 2+ and symmetrical and there was minimal joint effusion. There was no gross angulation or shortening and there was no erythema or warmth when compared with the left knee. The veteran's ambulation was essentially normal. The examiner noted that there was evidence of rotatory instability and there was minimal deficiency with the anterior and posterior drawer. The veteran's medial and lateral collateral ligaments appeared normal and there was no patellar tracking dysfunction. The examiner noted that X-rays of the right knee revealed some joint space narrowing bilaterally with some small osteophytes along the medial lateral margins of the tibial plateau. The diagnoses were internal derangement, right knee and post-traumatic degenerative arthritis of the right knee. The Board has made a careful longitudinal review of the record. It is observed that the November 1988 VA examination indicated that the veteran had pain and stiffness in the right knee with mild swelling and tenderness. The examiner noted that there was mild instability and that range of motion was 0 to 100 degrees. A December 1988 statement from Dr. Leach reported, that as to the veteran's right leg, flexion was 90 degrees and extension was 180 degrees. The July 1990 VA examination reported noted that range of motion was 0 to 125 degrees and the examiner reported that there was slight anterior medial instability. The diagnosis was status post surgical reconstruction of the right knee with traumatic degenerative arthritis to a moderate degree. The July 1990 radiological report noted an impression of redemonstration of degenerative changes of the right knee with progression of narrowing of the joint space compartment medially. The Board further observes that a January 1991 statement from Dr. Leach reported that the veteran's knee required reconstruction and that the veteran had difficulty with buckling. In his testimony on appeal, the veteran reported that he did not have full range of motion and reported that he had pain, swelling, popping and cracking of the right knee. Further, the veteran underwent a right knee arthroscopy with partial medial meniscectomy, partial lateral meniscectomy and chondroplasty in May 1991. The June 1991 VA neurological examination indicated a diagnosis of knee pain with probable degenerative joint disease versus a cartilage problem. The Board observes that in January 1989, the veteran's disability evaluation for his right knee disorder was increased from 20 percent to 30 percent. In a November 1990 rating decision the RO reduced the veteran's disability evaluation to 20 percent effective February 1, 1991. The veteran's disability evaluation for his right knee disorder was then increased again to 30 percent in September 1991. The effective date was May 8, 1991. The Board notes that at the time of November 1990 reduction, the most recent clinical evidence showed some limitation of motion of the veteran's right knee and leg with slight anterior medial instability. A July 1990 radiological report indicated that there had been some progression of the narrowing of the medial joint space compartment on the right since the November 1988 VA examination. The time frame with respect to the restoration only spans approximately 3 months, with a 30 percent rating assigned prior to and subsequent to it. The knee has remained symptomatic through the time frame and based upon the history and course of the disability, and according the veteran benefit of the doubt, the Board concludes restoration of the 30 percent rating from February 1991 is warranted. We have considered the potential application of various provisions of Title 38 of the Code of Federal Regulations (1993), whether or not they were raised by the veteran as required by the holding of the United States Court of Veterans Appeals (hereinafter "the Court") in Schafrath v. Derwinski, 1 Vet.App. 589, 593 (1991). In particular, we find that the evidence does not suggest that the veteran's right knee disorder is productive of such an exceptional or unusual disability picture so as to render impractical the applicability of the regular schedular standards and thereby warrant the assignment of an extraschedular evaluation under the provisions of 38 C.F.R. § 3.321(b)(1) (1993). II. Increased Evaluation for Post-Operative Residuals of a Right Knee Disorder As noted above, the veteran also advances that he is entitled to a disability evaluation in excess of 30 percent for his post- operative residuals of a right knee disorder with traumatic arthritis. The Board must next consider this issue. The Board notes that the March 1993 VA examination report noted that the veteran had undergone arthroscopic surgery in 1991 and that he reported that since that surgery his pain had been much less. The veteran also indicated that his knee would still give out on him and buckle at times. The examiner noted that the veteran had numbness in the lateral knee and some crepitus and full range of motion. The Board observes that the July 1994 VA examination report indicated that the veteran complained of continued pain and swelling of the knee and of problems with his knee buckling as well as hyperextension. The examiner noted that the veteran lacked 2 degrees of extension and that flexion was 90 degrees. There was evidence of rotatory instability and there was minimal deficiency with the anterior and posterior drawer with decreased sensation about the kneecap. The Board observes that the clinical evidence of record indicates that the veteran has limitation of motion of the right knee with evidence of rotatory instability. In the absence of clinical evidence showing more than severe impairment of the right knee, or limitation of extension to 30 degrees or more, the Board finds that the present 30 percent disability evaluation accurately reflects the veteran's current level of disability. We note also that the veteran's present disability evaluation encompasses his functional impairment due to pain. 38 C.F.R. § 4.40 (1993). Accordingly, an increased evaluation for the veteran's post- operative residuals of a right knee disorder with traumatic arthritis is not warranted. We have considered the potential application of various provisions of Title 38 of the Code of Federal Regulations (1993), whether or not they were raised by the veteran as required by the holding of the United States Court of Veterans Appeals (hereinafter "the Court") in Schafrath v. Derwinski, 1 Vet.App. 589, 593 (1991). In particular, we find that the evidence does not suggest that the veteran's right knee disorder is productive of such an exceptional or unusual disability picture so as to render impractical the applicability of the regular schedular standards and thereby warrant the assignment of an extraschedular evaluation under the provisions of 38 C.F.R. § 3.321(b)(1) (1993). III. Total Rating Total disability ratings for compensation purposes based on individual unemployability may be assigned where the veteran's service-connected disabilities render the veteran unemployable without regard to either his advancing age or the presence of any nonservice-connected disorders. 38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. §§ 3.340, 3.341 (1993). The provisions of 38 C.F.R. § 4.16(a) (1993), elaborate, in pertinent part, that: Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities: Provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. In turning to the facts of the instant appeal, the Board notes that service connection is in effect for post-operative residuals of a right knee disorder with traumatic arthritis which has been evaluated as 30 percent disabling. The veteran does not meet the schedular requirements of 38 C.F.R. § 4.16(a) (1991). Given this fact, the Board needs next to address whether the veteran's service-connected disability nevertheless renders him totally unemployable. 38 C.F.R. §§ 3.321, 4.16(b) (1993). The record reflects that The veteran has reported completing high school, an ironworkers apprenticeship and four years of college. He reports occupational experience as an ironworker from November 1987 to November 1992 and as a voucher examiner from November 1992 to the present. A February 1988 treatment entry from Joseph T. Leach, M.D., noted that iron work was hard work for knees like that the veteran had. An April 1988 treatment entry noted that the veteran was advised not to do any climbing or ironwork. In an undated statement on appeal, the veteran reported that he was employed as an ironworker and that as his work progressed during the week the range of motion of his right knee would decrease. He related that this made his work more dangerous. He indicated that his physician had advised against doing further ironwork. In a January 1991 statement, Dr. Leach related that the veteran was an ironworker and that as far as that type of work was concerned, he was totally disabled. In a January 1991 statement on appeal, the veteran reported that he had to terminate his employment after 12 years as an ironworker because of the worsening of his service-connected right knee disorder. The veteran stated that the right knee was the primary cause of the termination of his employment. At the May 1991 hearing on appeal, the veteran reported that his physician felt that he was totally disabled as to his occupation as an ironworker. He stated that he had been enrolled in a university since leaving his position. July 1992 and August 1992 lay statements from representatives of prospective employers of the veteran indicated that the veteran could not be offered a position at that time. A January 1993 statement from a representative of the International Association of Bridge, Structural and Ornamental Iron Workers reported that due to the veteran's disabilities, he was not able to accept all jobs that were available in his trade. The March 1993 VA examination report noted that the veteran related that he went back to school and that he presently had a "sitting" job. In a statement received in March 1994, the veteran related that due to his service-connected disorder he was forced into disability retirement. He reported that he completed his education at a university and that he re-entered the job market in November 1992. The veteran stated that because of his service-connected disorder, he had to take a drastic cut in wages. The Board has made a careful longitudinal review of the record. It is observed that the veteran's sole service connected disability is post-operative residuals of a right knee disorder with traumatic arthritis. The March 1993 VA examination report noted that the veteran presently was employed at a "sitting" job. Further, the Board observes that the veteran has completed high school and college, has reported twelve years of experience as an iron worker and is apparently presently employed as a voucher examiner. The most recent July 1994 VA examination report noted that the veteran complained of pain and swelling of the knee with buckling and hyperextension. The veteran lacked 2 degrees of extension and flexion was 90 degrees, The examiner noted that there was evidence of rotatory instability and the veteran was to be fitted for a Lenox Hill brace. The Board acknowledges that the veteran's service connected right knee disorder impairs his ability to perform strenuous activities such as his previous employment as an iron worker. However, as the veteran is presently employed and is able to perform at least sedentary physical activity as noted above, the Board is unable to conclude that the veteran's service-connected right knee disorder is so severe as to render him unemployable on an extraschedular basis under the provisions of 38 C.F.R. § 3.321, 4.16(b) (1993). Obviously, his current employment is prima facie evidence that a total rating based upon unemployability is not warranted at present. Moreover, during the pendency of this appeal when he was unemployed, the record did not show he was unemployable. Obviously, he was precluded from work as an ironworker, but the knee alone would not have precluded sedentary work compatible with his capabilities. Accordingly, entitlement to a total rating for compensation purposes based on individual unemployability is not warranted. ORDER Restoration of a 30 percent evaluation for post-operative residuals of a right knee disorder with traumatic arthritis from February 1, 1991 to May 7, 1991 is granted. An evaluation in excess of 30 percent for post-operative residuals of a right knee disorder with traumatic arthritis is denied. A total rating for compensation purposes based on individual unemployability is denied. E. W. SEERY Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.