BVA9504054 
DOCKET NO.  91-41 488     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi

THE ISSUES

1.  Entitlement to a rating in excess of 30 percent for status
post total left knee arthroplasty for residuals of gunshot wound,
fracture of the left femur, and arthritic changes.

2.  Entitlement to a rating in excess of 20 percent for residuals
of gunshot wound to the left ankle status post fracture of the
left lateral malleolus and fibula with arthritic changes.

3.  Entitlement to a rating in excess of 20 percent for traumatic
arthritis of the lumbar spine with chronic strain and left hip
involvement.

4.  Entitlement to a separate (compensable) evaluation for
service-connected left hip disability, currently diagnosed as
bursitis.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Paul Gutstein, Counsel

INTRODUCTION

The veteran served on active duty from May 1944 to October 1945.

This matter was initiated to the Board of Veterans' Appeals
(Board) on an appeal from the February 1990 rating decision of
the Department of Veterans Affairs (VA) Jackson, Mississippi,
Regional Office (RO), which confirmed and continued the prior 30
percent evaluation for the veteran's service-connected status
post total left knee arthroplasty.  The veteran filed a notice of
disagreement in July 1990 and he was furnished a statement of the
case in August 1990.  He filed a substantive appeal in August
1990.  By rating decision of January 1991, the RO confirmed and
continued the prior 20 percent evaluation for residuals of
gunshot wound to the left ankle and the prior 20 percent
evaluation for traumatic arthritis of the lumbar spine with
chronic strain and left hip involvement.  He filed a notice of
disagreement on the issues of increased ratings for the left
ankle and low back disorders with left hip involvement in March
1991 and was thereafter furnished a supplemental statement of the
case in May 1991.

In a July 1992 remand, the Board considered the issue of
entitlement to an increased evaluation for the service-connected
status post total left knee arthroplasty disability as being the
only issue on appeal.  It was noted that the appellant had been
sent a supplemental statement of the case covering the issues of
entitlement to increased ratings for disabilities of the left
ankle and low back with left hip involvement, but he had not
filed a substantive appeal, in accordance with 38 U.S.C.A. § 7105
(West 1991).  The Board remanded the case in July 1992.  By
rating decision of January 1993, the RO denied entitlement to a
separate (compensable) evaluation for the veteran's service-
connected left hip disorder and confirmed and continued the prior
evaluation for the other service-connected disabilities.  The
veteran was furnished a supplemental statement of the case in
February 1993, to include the issues of increased ratings for the
left knee disability, left ankle disability and lumbar spine
disability and for a separate evaluation for the left hip
disability.  The veteran filed a VA Form 9 in March 1993, in
which he disagreed with the January 1993 rating decision of the
RO.  This constituted a notice of disagreement on the issues of
entitlement to an increased evaluation for service-connected
residuals of a gunshot wound of the left ankle, entitlement to an
increased evaluation for service-connected traumatic arthritis of
the lumbar spine with strain with left hip involvement, and
entitlement to a separate (compensable) evaluation for a left hip
disability.

The case was again remanded by the Board in December 1993; the
veteran was furnished a supplemental statement of the case by the
RO in February 1994 on the issues of an increased evaluation for
service-connected residuals of gunshot wound to the left ankle,
and an increased evaluation for service-connected traumatic
arthritis of the lumbar spine with left hip involvement and
entitlement to a separate (compensable) evaluation for service-
connected left hip disability.  The veteran filed a VA Form 9,
Substantive Appeal, on the those issues in March 1994.  By rating
decision of May 1994, the RO held that the veteran was entitled
to a 100 percent evaluation on the basis of individual
unemployability due to service-connected disabilities, effective
from March 1989 and that basic eligibility to benefits under
38 U.S.C.A. Chapter 35, (West 1991) was also established from
that date.

The veteran has been represented throughout his appeal by the
Disabled American Veterans, which has submitted written argument
in his behalf.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran complains of continuous pain and problems with his
left knee ever since his left knee replacement in 1988.  He
states that any type of ambulation causes his legs to swell and
hurt and that his left leg hurts so badly that he can barely
touch his leg with his own hand.  He points out that he wears a
Lennox Hill brace for support, yet he can only wear it for short
periods of time because of swelling.  The veteran argues, in
addition, that he is entitled to an increased rating for his left
ankle disability, due to an inability to ambulate because of pain
and swelling.  He states that he has to use a cane in order to
walk.  It is argued that he has a chronic longstanding back
condition, and, in addition, his representative argues that the
left hip is so disabling that the veteran is entitled to a
separate (compensable) evaluation rather than rating that
disability together with his lumbar spine disability.

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.
Based on its review of the evidence in this matter, it is the
decision of the Board that the preponderance of the evidence is
against a rating in excess of 30 percent for status post total
left knee arthroplasty for residuals of gunshot wound, fracture
of the left femur, and arthritic changes; against a rating in
excess of 20 percent for residuals of gunshot wound to the left
ankle with status post fracture of the lateral malleolus and left
fibula with arthritic changes; and against a rating in excess of
20 percent for traumatic arthritis of the lumbar spine with
chronic strain; but that the preponderance of the evidence
warrants assignment of a separate 10 percent evaluation for the
service-connected left hip disability, currently classified as
bursitis.

FINDINGS OF FACT

1.  The left knee disorder is manifested by some limitation of
motion of the left knee, with mild and generalized tenderness to
palpation of the knee.  The veteran does not have severe painful
motion or weakness of the left knee.

2.  The residuals of the gunshot wound of the left ankle are
manifested by arthritic changes with tenderness to palpation over
the lateral malleolar region.  There is marked limited motion of
the ankle due to the gunshot wound residuals.

3.  The veteran has a lumbar spine disorder manifested by
traumatic arthritis of the lumbar spine, less than severe
limitation of motion and mild tenderness to palpation in the left
lower lumbar region.

4.  The veteran's left hip disorder is manifested by trochanteric
bursitis of the left hip causing some limitation of motion and
tenderness to palpation over the greater trochanter of the left
hip.

CONCLUSIONS OF LAW

1.  A rating in excess of 30 percent for status post total left
knee arthroplasty for residuals of gunshot wound, fracture of the
left femur and arthritic changes, is not warranted.  38 U.S.C.A.
§§ 1155, 5107(b) (West 1991); 38 C.F.R. Part 4, Code 5055 (1994).

2.  A rating in excess of 20 percent for residuals of gunshot
wound of the left ankle, status post fracture of the lateral
malleolus, and left fibula with arthritic changes, is not
warranted.  38 U.S.C.A. §§ 1155, 5107(b) (West 1991); 38 C.F.R.
Part 4, Codes 5010-5271 (1994).

3.  A rating in excess of 20 percent for traumatic arthritis of
the lumbar spine with chronic strain is not warranted.
38 U.S.C.A. §§ 1155, 5107(b) (West 1991); 38 C.F.R. Part 4, Codes
5010-5292 (1994).

4.  A 10 percent evaluation for trochanteric bursitis of the left
hip is warranted.  38 U.S.C.A. §§ 1155, 5107(b) (West 1991);
38 C.F.R. Part 4, Codes 5010-5019 (1994).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Board has concluded that the preponderance of the evidence
does not warrant ratings in excess of 30 percent for left knee
arthroplasty, 20 percent for residuals of gunshot wound of the
left ankle, and 20 percent for traumatic arthritis of the lumbar
spine; but that the evidence warrants assignment of a separate 10
percent evaluation for the left hip disability, currently shown
as trochanteric bursitis of the left hip.  This determination is
based upon a review of the complete evidentiary record including
the service medical records, post service VA medical reports, and
statements of the veteran and his representative in support of
the claim.

I.  Entitlement to a Rating in Excess of 30 Percent for Status
Post Total
Left Knee Arthroplasty for Residuals of Gunshot Wound, Fracture
of the Left Femur and Arthritic Changes

The record shows that the veteran served on active duty from May
1944 to October 1945.  He sustained penetrating wounds of the
left knee with compound, comminuted fracture of the lateral
condyle of the left femur and a comminuted fracture of the
lateral malleolus, left fibula, as a result of a shell blast in
January 1945.  During subsequent hospitalization he was put in a
long leg cast.  He was ultimately discharged on a certificate of
disability in October 1945
because of lateral instability of the left knee, limitation of
motion and chronic recurrent synovitis, which rendered him
physically unfit for service.

In February 1946 examination disclosed a three inch scar over the
lateral aspect of the left knee and lower thigh.  There was a 5
to 10 degree limitation of flexion of the left leg.  The
diagnosis was of symptomatic cicatrix of the gunshot wound of the
left knee.  The RO assigned a 30 percent evaluation for residuals
of gunshot wound of the left knee effective from April 1946.

When examined by the VA in 1953, the veteran's left knee had a
well-healed 3 1/2- by 2-inch, moderately fixed, mildly tender to
palpation scar, and the knee joint itself appeared normal.  When
examined by the VA in September 1971, the veteran complained of
some pain on manipulation of the left knee and there was a very
minimal medial laxity of the knee joint.  The knee was
symptomatic when seen at the VA outpatient treatment clinic in
1982 at which time he was wearing a knee brace.  On a VA
examination in September 1983, the veteran reported having been
fit with a left knee brace, and, in addition, he used a cane for
walking but not for work.  He drove trucks, and was now operating
a heavy grader and his left leg was giving him more trouble
especially managing the pedals.  He was noted to walk with a
marked limp either with or without the brace.  There were 10
degrees of valgus spacing in the left knee and there were 10
degrees' limitation of flexion with full extension.  There were
marked degenerative changes of the left knee joint by X-ray.
X-ray studies showed metallic bullet fragments seen in the soft
tissues around the left distal femur, when evaluated in 1986.
The veteran underwent a left total knee arthroplasty in January
1988.

When evaluated in March 1989 for orthopedic purposes, the veteran
complained of intermittent pain in the left knee accompanied by
swelling, aggravated by standing or walking.  He used Motrin for
pain and he walked with the aid of a cane.  He walked with a
limp, which was intensified without the cane.  The surgical scar
for the total knee arthroplasty was well healed.  He had mild
swelling with mild increase in heat as well as generalized
tenderness to palpation of the knee.  There was no gross
instability.  He performed a poor heel and toe walk with a limp
on the left.  X-rays showed that the total knee prosthesis was
well seated.  On the VA examination of the left knee in September
1990, the veteran continued to have pain with episodes of
swelling in the left knee and objectively he lacked 5 degrees
from terminal extension and had 80 degrees of flexion.  The
balance of the examination of the left knee was negative.  On the
most recent VA orthopedic examination in September 1992, the left
knee had 0 degrees' to 95 degrees' range of motion and there
appeared to be slight swelling of the knee.  There was mild
generalized tenderness to palpation of the knee.  Stability was
felt to be within normal limits for a total knee replacement.
There was a well healed scar.

Disability evaluations are determined by the application of a
schedule of ratings which is based on average impairment of
earning capacity.  38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. Part
4, (1994).  Separate diagnostic codes identify the various
disabilities.  A 100 percent evaluation will be assigned for a
prosthetic replacement of knee joint for one year following
implantation of prosthesis under Diagnostic Code 5055, and the
veteran was in fact assigned a 100 percent evaluation from
January 1988 to March 1989, when a 30 percent rating was
assigned.  A minimum rating of 30 percent is provided for knee
replacement under Diagnostic Code 5055.  A 60 percent rating will
be assigned for chronic residuals consisting of severe painful
motion or weakness in the affected extremity.  In addition, the
disability can be rated on the basis of intermediate degrees of
residual weakness, pain, or limitation of motion by analogy to
Diagnostic Codes 5256, 5261 or 5262.  Under Diagnostic Code 5256,
a 40 percent rating is assigned where the knee is ankylosed in
flexion between 20 degrees and 45 degrees.  However, the
veteran's left knee is not ankylosed.  Under Diagnostic
Code 5261, in order to assign a higher evaluation of 40 percent,
the veteran would have to have extension limited to 30 degrees,
whereas the last examination showed the left knee at 0 degrees'
to 95 degrees' range of motion.  Under Diagnostic Code 5162 a 40
percent rating is assigned for nonunion of the tibia and fibula,
with loose motion, requiring brace, but nonunion is not shown.
In the absence of severe painful motion or weakness of the left
knee, a 60 percent rating may not be assigned under Diagnostic
Code 5055.  38 C.F.R. Part 4, (1994). Accordingly, 30 percent is
the rating that is assigned to that disability on the basis of
the evidentiary record.

The United States Court of Veterans Appeals (Court) requires that
pain be considered and evaluated as a factor as set forth in
Schafrath v. Derwinski, 1 Vet.App. 589 (1991).  Under 38 C.F.R.
§ 4.40 (1994), functional loss must be considered and this may be
due to pain, supported by adequate pathology and evidenced by the
visible behavior of the claimant undertaking the motion.
Weakness is as important as limitation of motion, and a part
which becomes painful on use must be regarded as seriously
disabled.  Under 38 C.F.R. § 4.45 (1994), as regards to the
joints, the factors of disability reside in reductions of their
normal excursion of movements in different planes.  Consideration
will be given to pain on movement, swelling, deformity, or
atrophy of disuse.  As cited above, the provisions of Diagnostic
Code 5055 require severe painful motion or weakness in the
affected extremity for assignment of a 60 percent evaluation, and
this has not been demonstrated on the part of the veteran on the
basis of findings reported in his VA examinations.  The finding
of pain and swelling of the left knee in 1990 and of slight
swelling and mild generalized tenderness to palpation of the knee
in 1992 do not justify assignment of a 60 percent rating.
Accordingly, a rating in excess of 30 percent for status post
total left knee arthroplasty for residuals of gunshot wound,
fracture of the left femur, and arthritic changes, is not
warranted.  38 U.S.C.A. §§ 1155, 5107(b) (West 1991); 38 C.F.R.
Part 4, Code 5055 (1994).

II.  Entitlement to a Rating in Excess of 20 Percent for
residuals of Gunshot Wound
to the Left Ankle, Status Post Fracture of the Lateral
Malleolus and Left Fibula with Arthritic Changes

As stated above, the veteran's left ankle was wounded in action
in January 1945 during World War II.  On the initial VA
examination conducted in February 1946, there was a 2-inch scar
over the lateral aspect of the left ankle, external malleolus.
There were about 5 degrees' or 10 degrees' limitation of flexion
of the left leg and there was slight limitation of eversion and
inversion of the left ankle.  The veteran has been in receipt of
a 20 percent evaluation for residuals of gunshot wound of the
left ankle since April 1946.  There were a well-healed scar and
essentially negative examination of the left ankle by the VA in
May 1953, and in 1971, the examiner noted that the veteran could
walk on his tiptoes and heels without difficulty; and plantar
flexion and dorsiflexion of the ankle were good.  On the
September 1983 VA examination, the left ankle was limited by 15
degrees of inversion as compared to the right, dorsiflexion was
15 degrees and plantar flexion was 45 degrees.  There was some
loss of sensation of the left foot.  X-rays showed minimal
degenerative changes seen at the articulation of the distal end
of the fibula with the talus.  On the November 1985 VA
examination, the ankle was noted to have good range of motion
with the exception that inversion was limited by 10 degrees as
compared with the right.  On the September 1990 examination by
the VA, there was evidence of swelling of the left ankle and
tenderness to palpation over the lateral aspect of the ankle.
The veteran had 5 degrees of dorsiflexion and 35 degrees of
plantar flexion of the ankle.  He performed a fair heel and toe
walk but could only squat approximately one-half way down and
arise again.  On the most recent VA orthopedic examination in
September 1992, both ankles had 10 degrees of dorsiflexion and 35
degrees of plantar flexion.  There was tenderness to palpation
over the lateral malleolar region.  The veteran performed a fair
heel and toe walk and could squat less than one-half of the way
down and arise again.  X-rays of the left ankle showed a metallic
foreign body posterior to the talus and a deformity of the distal
fibula.

Traumatic arthritis substantiated by X-ray findings is rated as
degenerative arthritis which 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,
Codes 5010-5003 (1994).  The veteran is rated 20 percent for
marked limited motion of the ankle under Diagnostic Code 5271
which is the maximum rating under that code.  In order to assign
a higher evaluation, ankylosis of the ankle would have to be
demonstrated in plantar flexion, between 30 degrees and 40
degrees, or in dorsiflexion between 0 degrees and 10 degrees.
38 C.F.R. Part 4, Code 5270 (1994).  In the absence of ankylosis,
the veteran is in receipt of the maximum rating assignable for
his left ankle disability.  The Board has also considered the
application of 38 C.F.R. §§ 4.40 and 4.45 as regards the
veteran's pain of the left ankle.  His current rating includes
disability manifested by pain, and the degree of pain
demonstrated is not of such severity as to warrant a higher
evaluation.  On the basis of the preceding factual picture, the
clinical findings and the veteran's symptomatology do not warrant
a rating in excess of 20 percent under the applicable criteria.
38 U.S.C.A. §§ 1155, 5107(b) (West 1991); 38 C.F.R. § Part 4,
Codes 5010-5271 (1994).

III.  Entitlement to a Rating in Excess of 20 Percent for
Traumatic Arthritis
of the Lumbar Spine with Chronic Strain and Limitation of Motion

When examined by the VA in September 1983, the veteran complained
of low back ache for a couple of years and he was diagnosed as
having mild degenerative changes of the lumbosacral spine with
chronic strain secondary to his disabilities of the left lower
extremity, confirmed by physical and X-ray findings.  On the
November 1985 VA examination, the veteran had diffuse tenderness
in the lumbar region.  Subsequently in a January 1986 rating
action he was granted service connection for the low back
disorder as due to the residuals of the left knee disorder and a
20 percent rating was assigned from July 1983.  When examined by
the VA in September 1990, there was no evidence of paravertebral
muscle spasm or tenderness to palpation, and range of motion in
the lumbar region was 60 degrees of flexion and 30 degrees of
extension.  On the September 1992 orthopedic examination, the
veteran was able to stand erect and there was no evidence of
spasm noted, but he had mild tenderness to palpation in the left
lower lumbar region as well as over the greater trochanter of the
left hip.  Range of motion of the lumbar spine was 75 degrees of
flexion and 35 degrees of extension.

Traumatic arthritis of the lumbar spine will be rated as
degenerative arthritis which is rated on the basis of limitation
of motion of the lumbar spine.  38 C.F.R. Part 4, Codes 5010-5003
(1994).

The veteran is in receipt of a 20 percent evaluation for moderate
limitation of motion of the lumbar spine under Diagnostic Code
5292-5000.  Findings of 75 degrees of flexion and 30 degrees of
extension on the last examination compared with 60 degrees of
flexion and 30 degrees of extension in September 1990 do not
justify a conclusion of severe limitation of motion of the lumbar
spine so as to warrant a 40 percent rating.  To the contrary,
these findings demonstrate that the veteran's range of motion has
improved from 1990 to 1992.  Accordingly, the criteria for a
40 percent evaluation have not been met, and the 20 percent
rating currently assigned is confirmed.  38 C.F.R. Part 4, Code
5101-5292 (1994).

Under the provisions of Diagnostic Code 5295, lumbosacral strain
is rated 20 percent with muscle spasm on extreme forward bending,
loss of lateral spine motion, unilateral, in a standing position.
In order to assign the next higher evaluation of 40 percent,
lumbosacral strain must be severe in degree with listing of whole
spine to the opposite side, positive Goldthwait's sign, marked
limitation of forward bending in a standing position, loss of
lateral motion with osteoarthritic changes, or narrowing or
irregularity of joint space, or some of the above with abnormal
mobility on forced motion.  Inasmuch as none of these
characteristics are demonstrated with the exception of X-ray
evidence of arthritic changes of the lumbar spine, the veteran
does not meet the requirements for a 40 percent evaluation for
lumbosacral strain.  38 C.F.R. Part 4, Code 5295 (1994).

The Schafrath case, supra, requires that the Board consider the
veteran's complaints of pain as specified in 38 C.F.R. §§ 4.40
and 4.45 (1994).  While the veteran has complained of low back
pain when seen at the outpatient clinic in the early 1990's and
has offered complaints of pain in statements in support of his
claim, these complaints are not confirmed by the objective
findings on the various VA examinations which show essentially no
obvious evidence of pain on flexion or extension.  In addition,
the veteran was afforded a special neurologic examination in
September 1992 and this was considered to be normal.  In summary,
the evidentiary picture does not warrant a rating in excess of
the presently assigned 20 percent for traumatic arthritis of the
lumbar spine.  38 U.S.C.A. §§ 1155, 5107(b) (West 1991);
38 C.F.R. Part 4, Codes 5010-5292 (1994).

IV.  Entitlement to a Separate Compensable Evaluation for Left
Hip
Disability, Currently Diagnosed as Trochanteric Bursitis

Service connection was previously established for traumatic
arthritis of the lumbar spine with chronic strain and limitation
of motion with X-ray evidence of left hip involvement secondary
to left knee fracture.  The question is whether the veteran is
entitled to a separate (compensable) evaluation for his
disability of the left hip which is currently diagnosed as
trochanteric bursitis.  X-rays of the left hip in 1986 showed
mild sclerosis of superolateral aspect of the left acetabulum
which were thought to represent mild arthritic changes.  By
rating decision of November 1986, the RO established service
connection for left hip disability on the basis of X-ray evidence
of left hip involvement secondary to the left knee fracture, and
rated it as part of the low back disorder.  When seen at the VA
outpatient clinic in April 1989, the veteran complained of left
hip pain with recurrent pains thereafter on subsequent visits.
On the September 1992 VA examination, the veteran offered a
history of left hip pain, pointing to the buttocks as well as to
the left greater trochanter region.  Range of motion of the left
hip was 110 degrees of flexion, 50 degrees of abduction,
10 degrees of internal rotation and 60 degrees of external
rotation with no significant pain on motion noted.  He had
tenderness over the area of the left greater trochanter which
reproduced the hip pain he had been describing.  X-ray of the
left hip was negative.  The examiner made a diagnosis of
trochanteric bursitis of the left hip.

Under Diagnostic Code 5019, bursitis is rated on limitation of
motion the same as degenerative arthritis.  When, however, the
limitation of motion of the specific joint or joints involved is
noncompensable under the appropriate diagnostic codes, a rating
of 10 percent is for application for each such major joint or
group of minor joints affected by limitation of motion, to be
combined, not added, under Diagnostic Code 5003.  Limitation of
motion must be objectively confirmed by findings such as
swelling, muscle spasm, or satisfactory evidence of painful
motion.  38 C.F.R. Part 4, Codes 5019-5003 (1994).

Under Diagnostic Code 5251, limitation of extension of the thigh
to 5 degrees warrants a 10 percent evaluation.  Since the veteran
has 30 degrees extension, he does not qualify for a compensable
rating under this code.  Where flexion is limited to 45 degrees,
the left thigh may be rated 10 percent disabling.  Since the
veteran has 110 degrees of flexion, he does not meet the
requirements for a compensable evaluation under Code 5252.  He
has 50 degrees of abduction so that he does not meet the
requirements for limitation of abduction or adduction under
Diagnostic Code 5253 which rates impairment of the thigh.
Nevertheless, with current findings showing some limitation of
motion of the left hip as well as tenderness over the greater
trochanter, the veteran meets the requirements for a 10 percent
evaluation under Diagnostic Codes 5019-5003.  The Board has also
considered the element of pain as required by the Schafrath
decision, supra, with application of the provisions of 38 C.F.R.
§§ 4.40 and 4.45 (1994).  One of the requirements of Diagnostic
Code 5003 is satisfactory evidence of painful motion which has
been documented in his various examinations.  Accordingly, the
Board concludes that the veteran is entitled to a separate 10
percent evaluation for his service-connected left hip disability
which is currently diagnosed as trochanteric bursitis.
38 U.S.C.A. §§ 1155, 5107(b) (West 1991); 38 C.F.R. Part 4, Codes
5019-5003 (1994).

ORDER

Entitlement to a rating in excess of 30 percent for status post
total left knee arthroplasty for residuals of gunshot wound,
fracture of the left femur and arthritic changes is denied;
entitlement to a rating in excess of 20 percent for residuals of
gunshot wound to the left ankle, status post fracture of lateral
malleolus and left fibula with arthritic changes, is denied;
entitlement to a rating in excess of 20 percent for traumatic
arthritis of the lumbar spine with chronic strain is denied;
entitlement to a separate 10 percent evaluation for a left hip
disability is granted.

          E. M. KRENZER
          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.