Citation Nr: 0007642 Decision Date: 03/22/00 Archive Date: 03/28/00 DOCKET NO. 94-36 984 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to an evaluation in excess of 30 percent for right knee disability during the period prior to March 17, 1994, and for the period from May 1, 1995, through January 14, 1996; entitlement to an evaluation in excess of 60 percent for right knee disability for the period from January 15, 1996, through April 30, 1996; and entitlement to an evaluation in excess of 30 percent for right knee disability for the period commencing July 1, 1997. 2. Entitlement to total disability rating based on unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD T. S. Tierney, Counsel INTRODUCTION The veteran served on active duty from April 1944 to January 1946. This matter came before the Board of Veterans' Appeals (Board) on appeal from rating decisions dated in 1992 of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan, which continued a 30 percent evaluation for right knee disability and denied a total rating based upon unemployability due to service-connected disabilities. In a December 1994 rating decision, the RO granted a temporary total rating for convalescence from March 17, 1994, through April 30, 1994, granted a 100 percent schedular evaluation from May 1, 1994, through April 30, 1995, and reinstated the evaluation of 30 percent from May 1, 1995. In a July 1996 rating decision, the RO granted a 60 percent rating from January 15, 1996, through April 30, 1996, a 100 percent rating from May 1, 1996, through June 30, 1997, and reinstated the evaluation of 30 percent from July 1, 1997. The RO also continued its denial of the claim for a total rating based on unemployability. In March 1997, the Board remanded both issues for further development. The case was returned to the Board in September 1999. The development has been completed and the case is now ready for appellate review. FINDINGS OF FACT 1. All available evidence necessary for an equitable disposition of the issues on appeal has been obtained. 2. Prior to March 17, 1994, the right knee disability involved a total knee prosthesis with some limitation of flexion and no ankylosis, no more than severe recurrent subluxation or lateral instability, no significant limitation of extension, and no more than moderate pain and weakness. 3. During the period from May 1, 1995, through January 14, 1996, and from July 1, 1997, the right knee disability has been manifested by no instability, some limitation of flexion, no significant limitation of extension and no more than moderate pain and weakness. 4. For the period from January 15, 1996, through April 30, 1996, the right knee disability was manifested by a failed right knee prosthesis with severe pain. 5. The veteran has an eighth grade education and took early retirement in 1989 due to several factors, including the right knee disability. 6. The veteran is service-connected for right knee disability and status post right herniorrhaphy; his combined rating was 30 percent from October 1, 1991, through March 16, 1994, 100 percent from March 17, 1994, through June 30, 1995, 30 percent from May 1, 1995, through January 14, 1996, 60 percent from January 15, 1996, through April 30, 1996, 100 percent from May 1, 1996, through June 30, 1997, and 30 percent since July 1, 1997. 7. The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation consistent with his education and work experience. CONCLUSIONS OF LAW 1. An evaluation in excess of 30 percent for right knee disability for the period prior to March 17, 1994, and from May 1, 1995, through January 14, 1996, is not warranted. 38 U.S.C.A. §§ 1155, 5107(a) (West 1991); 38 C.F.R. §§ 4.7, 4.40, 4.45, 4.71a, Diagnostic Codes 5055, 5256, 5260, 5261, 5262 (1999). 2. An evaluation in excess of 60 percent for right knee disability for the period from January 15, 1996, through April 30, 1996, is not warranted. 38 U.S.C.A. §§ 1155, 5107(a) (West 1991); 38 C.F.R. §§ 4.7, 4.40, 4.45, 4.71a, Diagnostic Codes 5055, 5256, 5260, 5261, 5262 (1999). 3. An evaluation in excess of 30 percent for right knee disability for the period commencing July 1, 1997, is not warranted. 38 U.S.C.A. §§ 1155, 5107(a) (West 1991); 38 C.F.R. §§ 4.7, 4.40, 4.45, 4.71a, Diagnostic Codes 5055, 5256, 5260, 5261, 5262 (1999). 4. The requirements for a total rating based on unemployability due to service-connected disabilities have not been met. 38 U.S.C.A. §§ 1155, 5107(a) (West 1991); 38 C.F.R. §§ 3.340, 3.341, 4.16 (1999). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Initially, the Board finds that the veteran's claims for entitlement to increased evaluations for right knee disability and entitlement to a total disability evaluation based on unemployability due to service-connected disabilities are well grounded within the meaning of 38 U.S.C.A. § 5107(a). Further, the Board is satisfied that all relevant facts have been properly developed and that no further assistance to the veteran is required to comply with 38 U.S.C.A. § 5107(a). I. Evaluation of Right Knee Disability The current appeal stems from a claim filed in April 1992 for an increased rating for right knee disability. In a statement dated in December 1999, the veteran contends that, other than at times of temporary 100 percent ratings for right knee surgeries, the right knee should have been rated 60 percent disabling as he had severe painful motion and weakness after the first surgery in August 1990, which necessitated two subsequent revisions in March 1994 and May 1996. In accordance with 38 C.F.R. §§ 4.1, 4.2, 4.41, 4.42 (1999) and Schafrath v. Derwinski, 1 Vet. App. 589 (1991), the Board has reviewed all evidence of record pertaining to the history of the service-connected right knee disability currently on appeal. The Board is of the opinion that this case presents no evidentiary considerations which would warrant an exposition of remote clinical histories and findings pertaining to that disability. Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Rating Schedule), found in 38 C.F.R. Part 4 (1999). The Board attempts to determine the extent to which the veteran's service-connected disability adversely affects his ability to function under the ordinary conditions of daily life, and the assigned rating is based, as far as practicable, upon the average impairment of earning capacity in civil occupations. 38 U.S.C.A. § 1155; 38 C.F.R. § 4.1 (1999). Separate diagnostic codes identify the various disabilities. 38 C.F.R. Part 4 (1999). Where there is a question as to which of two 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 (1999). In a rating decision of February 1946, service connection was granted for post-operative internal derangement of the right knee. Various evaluations have been assigned since service connection was granted. In August 1990, the veteran underwent a right total knee arthroplasty and the right knee disability has since been evaluated under Diagnostic Code 5055. A 100 percent evaluation is assigned for prosthetic replacement of the knee joint for one year following implantation of the prosthesis. A 60 percent evaluation is assigned for prosthetic replacement of the knee joint when there are chronic residuals consisting of severe painful motion or weakness in the affected extremity. Intermediate degrees of residual weakness, pain, or limitation of motion are to be rated by analogy to Diagnostic Codes 5256, 5261, or 5262. The minimum rating under this code is 30 percent. 38 C.F.R. § 4.71a, Diagnostic Code 5055. Ankylosis of a knee warrants a 30 percent evaluation if it is at a favorable angle in full extension, or in slight flexion between 0 and 10 degrees. A 40 percent evaluation is warranted if the ankylosis is in flexion between 10 and 20 degrees. A 50 percent evaluation is warranted if the ankylosis is in flexion between 20 and 45 degrees. A 60 percent evaluation is warranted for extremely unfavorable ankylosis, in flexion at an angle of 45 degrees or more. 38 C.F.R. § 4.71a, Diagnostic Code 5256 (1999). Limitation of flexion of a leg warrants a maximum 30 percent evaluation if flexion is limited to 15 degrees. 38 C.F.R. § 4.71a, Diagnostic Code 5260 (1999). Limitation of extension of a leg warrants a 30 percent evaluation if extension is limited to 20 degrees, a 40 percent evaluation if extension is limited to 30 degrees, and a 50 percent evaluation if extension is limited to 45 degrees. 38 C.F.R. § 4.71a, Diagnostic Code 5261 (1999). The disability factors set forth in 38 C.F.R. §§ 4.40, 4.45 (1999), to include functional loss due to pain on use or during flare-ups, incoordination, weakened movement and excess fatigability on use, are also for consideration in determining the extent of limitation of motion. See DeLuca v. Brown, 8 Vet. App. 202, 206 (1995). Impairment of the tibia and fibula with nonunion and loose motion, requiring a brace, warrants a 40 percent evaluation. Malunion of the tibia and fibula with marked knee or ankle disability warrants a 30 percent evaluation. 38 C.F.R. § 4.71a, Diagnostic Code 5262 (1999). A. Right Knee Disability for Period Prior to March 17, 1994 At a VA examination completed in November 1991, the veteran reported pain on certain motions of his right knee. He was taking no medications. The examination showed that the veteran's gait was normal. Right knee range of motion was from 0 to 85 degrees. The right thigh was one inch in diameter less than the left thigh; all other right leg measurements were equal with the left leg. There was marked crepitus in the right knee. There was no effusion or inflammation of the right knee. There was marked anterior laxity and marked right medial collateral leg laxity. X-ray of the right knee showed a total prosthesis with no evidence of fracture or dislocation, and no osteoblastic or osteolytic lesions were visualized. A letter from a physical therapist, dated in May 1992, shows that the veteran's range of motion of the right knee was flexion of 68 degrees in April 1992 and 80 degrees in May 1992. Both the quads and strength were good as of May 1992. Another VA examination in May 1992 showed that the veteran complained of medial discomfort in the right knee and limited flexion of the knee. He walked without a brace. There was no gait abnormality. There was no evidence of effusion deformity or antalgic gait. There was no evidence of subluxation or lateral instability. There was no evidence of nonunion, loose body, or malunion. There was no evidence of any fracture or degenerative changes. Range of motion of the right knee was from 0 to 100 degrees of flexion. It was noted that X-rays of the right knee showed a total knee replacement. The diagnosis was status post total knee replacement in both knees for degenerative changes with functional range of motion; no evidence of any loosening or dysfunction. A private treatment record dated in October 1992 notes that X-ray of the right knee showed that the prosthesis was in good alignment with no loosening. The veteran ambulated with his right leg turned out. Range of motion of the right knee was flexion to 110 degrees and full extension. Another private record dated later in October 1992 shows that the veteran complained of occasional sharp pain in the right knee. Range of motion was flexion to 70 degrees and full extension. It was noted that there was low grade synovitis. A private treatment record dated in January 1993 notes that range of motion of the right knee was from 0 to 80 degrees. The incisions were well healed and there was no infection. The veteran was prescribed Motrin. In a letter from Michael J. Fugle, D.O., dated in January 1993, he noted the above findings in the treatment records. He noted that when the veteran was seen in January 1993, he continued to complain of aching in the right knee. At a personal hearing in February 1993 before a hearing officer at the RO, the veteran testified that he was having problems bending his knee and it was stiff. He stated that if he moved the knee a certain way, it was painful. He had to step down stairs sideways, one step at a time. He could walk only two to three blocks. In cold weather, he usually had terrible aching in the knee. According to the veteran, he had continuous pain in the right knee, but it was more severe at certain times. The veteran testified that he had had medication injections into the knee and had also been prescribed Motrin, 800 milligrams. He stated that he could walk about one and a half miles at most. He had not fallen because of the right knee problem, but had lost his balance. He used a can mostly when the weather was cold. He still drove and the knee would bother him if he sat in the car too long. The veteran testified that his right knee problem was one of several factors in his retirement in 1987. A VA orthopedic examination in March 1993 showed that the veteran reported that he could not fully flex the right knee and had pain in the medial lateral part of the knee. He also reported that the knee would swell occasionally, he could not climb steps, he could not sit too long, and the knee hurt in cold weather. An examination showed that he walked well without a cane. There was no swelling. There was a 9 inch scar over the patella which was healed. Range of motion was 0 to 75 degrees seated at passive, and 0 to 80 degrees standing. The examiner noted that there was no pain in doing the range of motion. It was noted that X-rays of the right knee revealed a total prosthesis with no changes since 1992. The diagnosis was status post right knee total prosthesis. A May 1993 statement from Allen R. Prince, D.O., reiterates the outpatient treatment the veteran received from October 1992 through December 1992 and provides no additional evidence. Based on the evidence of record, the Board finds that a rating in excess of 30 percent for right knee disability prior to March 17, 1994, is not warranted. The evidence for this period shows that the veteran had a prosthetic replacement of the knee joint but the chronic residuals did not consist of severe painful motion or weakness in the affected extremity. The veteran testified that he had pain on certain motion of the right knee and with cold weather. Although he also testified that he had continuous pain in the right knee, he also stated that it was more severe at certain times, and he did not testify that he had severe painful motion or weakness in the right knee. Accordingly, a 60 percent rating for right knee disability is not warranted under Diagnostic Code 5055 prior to March 17, 1994. Diagnostic Code 5055 also provides that intermediate degrees of residual weakness, pain, or limitation of motion are to be rated by analogy to Diagnostic Codes 5256, 5261, or 5262. The evidence shows that the veteran had substantial useful motion of the right knee prior to March 17, 1994. Accordingly, a rating in excess of 30 percent is not warranted under Diagnostic Code 5256. The evidence shows that he continuously manifested full extension during this period. His demonstrated range of motion does not even justify a compensable evaluation under Diagnostic Code 5261. In DeLuca v. Brown, 8 Vet. App. 202, 206 (1995), the United States Court of Veterans Appeals (Court) held that a rating determination under a diagnostic code which provides for a rating solely on the basis of loss of range of motion, should be portrayed "in terms of the degree of additional range-of- motion loss due to pain on use or during flareups." Diagnostic Codes 5260 and 5261 provide ratings solely based on loss of flexion and extension, respectively, but Diagnostic Code 5260 does not authorize an evaluation in excess of 30 percent. The evidence shows that the veteran had some painful motion of the right knee prior to March 17, 1994. However, since the medical evidence consistently shows that he was able to fully extend his knee and limitation of extension to 30 degrees is required for an evaluation of 40 percent, the Board must conclude that when all pertinent disability factors are considered, a rating in excess of 30 percent is not warranted under Diagnostic Code 5261. In addition, the evidence does not show impairment of the tibia and fibula with nonunion and loose motion requiring a brace. Accordingly, a rating in excess of 30 percent is not warranted under Diagnostic Code 5262. The Board notes that the VA General Counsel issued a precedential opinion (VAOPGCPREC 23-97) on July 1, 1997, holding that a claimant who has arthritis and instability of the knee may be rated separately under Diagnostic Codes 5003 and 5257, while cautioning that any such separate rating must be based on additional disabling symptomatology. In this case, the veteran had a right total knee replacement in 1990 and there is no evidence of current arthritis involving the right knee joint. In addition, since VAOPGCPREC 23-97 was issued effective July 1, 1997, it can not apply in the veteran's case for the period prior to March 17, 1994. See 38 U.S.C.A. § 5110(g); Rhodan v. West, 12 Vet. App 55, 57 (1998). B. Right Knee Disability for Period May 1, 1995, through January 14, 1996 The medical evidence shows that on March 17, 1994, the veteran was hospitalized with complaints of pain and instability of the right knee. On the day of admission, he underwent revision of a right total knee arthroplasty. Accordingly, in a rating decision of December 1994, a 100 percent rating was assigned from March 17, 1994, through April 30, 1995, pursuant to Diagnostic Code 5055. A 30 percent rating was assigned for status post right knee arthroplasty with status post revision, effective from May 1, 1995. The pertinent evidence of record in regard to the severity of the right knee disability for the period from May 1, 1995, through January 14, 1996, consists of an April 1995 VA orthopedic examination report and records from Michael J. Fugle, D. O., dated from May 1995 to January 1996. The examiner at the April 1995 VA orthopedic examination noted that the veteran's records were present and reviewed. The examiner noted that, regarding the veteran's right knee, he had no present complaints except that it seemed to be weak when he walked for long distances. The examination of the right knee showed no instability and no other problems. There were no external support, no braces, and no gait abnormality. Range of motion of the right knee was 0 to 100 degrees. On the anterior portion of the right knee, he had multiple scars with a 28 centimeter curvilinear total knee replacement incision without complication or problem. There was no evidence of effusion, synovial thickening, or infection. There was normal gliding range of motion. The patellofemoral joint was normal. There was no evidence of instability. Except for the total knee replacement, the examination of the right knee was negative. X-rays of the right knee showed a total knee replacement in place with a filler cap and a staple in the tibial tendon. The position and alignment appeared to be good and there was no sign of complication. A clinical record from Dr. Fugle, dated May 9, 1995, shows that the veteran had good range of motion, the ligaments were intact, and there was no effusion, paresthesia, or infection. The veteran complained of increased pain in the right calf after standing and working. It was noted that the veteran could not work full time. Another record dated August 11, 1995, again shows good range of motion and no infection. It was further noted that X-ray findings were satisfactory. A treatment record dated January 15, 1996, showed that the veteran had full range of motion and good quadriceps and hamstring strength. The ligaments appeared stable and the incisions were healed. However, the veteran complained of increased pain, and X-rays showed that the prosthesis was in good position but there was a loose screw on the right tibial component. The impression was a failed right total knee replacement and revision was recommended. The medical evidence concerning the degree of severity of the right knee disability for the period from May 1, 1995 through January 14, 1996, documents some complaints of pain, but no objective evidence of painful motion or weakness in the right leg. It shows that the right knee range of motion was repeatedly described as good of full, strength was described as good, and no instability or loosening was found. It provides no basis for concluding that the disability more nearly approximated the criteria for a higher evaluation under any potentially applicable diagnostic code. C. Right Knee Disability for Period from January 15, 1996, through April 30, 1996 In a rating decision of July 1996, a 60 percent rating was assigned from January 15, 1996, through April 30, 1996. The medical record from Dr. Fugle, dated January 15, 1996, shows that the veteran had full range of motion of the right knee, good quadriceps and hamstring strength, stable ligaments, and healed incisions. However, the veteran complained of increased pain and X-rays showed the prosthesis was in good position but there was a loose screw. The impression was a failed right total knee replacement and it was recommended that the veteran undergo a revision of the right total knee replacement. A medical record from Crittenton Hospital shows that the veteran was hospitalized on May 1, 1996, with complaints of severe pain in the right knee and that X-rays revealed loosening of the prior total knee arthroplasty. The veteran underwent a revision of the right total knee arthroplasty. The evidence shows that the loosening of the right total knee arthroplasty was seen in January 1996 and that the veteran had severe pain prior to the revision of the right total knee arthroplasty in May 1996. Accordingly, a 60 percent rating was warranted for that period. A rating in excess of 60 percent for the period from January 15, 1996, through April 30, 1996, is not supported by the evidence. Under Diagnostic Code 5055, a rating in excess of 60 percent is assigned only for the year following implantation of a knee prosthesis. In addition, a rating in excess of 60 percent is not provided for under any other applicable diagnostic code (Diagnostic Codes 5256, 5257, 5258, 5259, 5260, 5261, and 5262). The 60 percent rating assigned under Diagnostic Code 5055 specifically includes the criteria of painful motion. Therefore, separate consideration of painful motion is not applicable under DeLuca. As noted above, VA General Counsel Precedent Opinion Number 23-97, holding that a claimant who has arthritis and instability of the knee may be rated separately under Diagnostic Codes 5003 and 5257, was issued effective July 1, 1997. Accordingly, it can not apply in the veteran's case for the period from January 15, 1996, through April 30, 1996. See 38 U.S.C.A. § 5110(g); Rhodan, 12 Vet. App. at 57. D. Right Knee Disability from July 1, 1997 The medical evidence shows that the veteran had a failed total knee prosthesis of the right knee and a revision of the right total knee arthroplasty was done on May 1, 1996. In a rating decision of July 1996, pursuant to Diagnostic Code 5055, a 100 percent rating was assigned from May 1, 1996 through June 30, 1997. Effective July 1, 1997, a 30 percent rating was assigned and has remained in effect since that time. The pertinent evidence of record concerning the severity of the service-connected right knee disability, commencing from July 1, 1997, consists of a treatment record from Dr. Fugle dated June 24, 1997, and a report of a VA orthopedic examination in October 1997. The treatment record from Dr. Fugle, dated June 24, 1997, shows that the veteran complained of some pain in the right knee. The incisions were well healed. Range of motion of the right knee was 0 to 90 degrees. There was excellent stability and varus/valgus was stable. X-rays showed that the prosthesis was in good alignment and there was no sign of loosening. The VA orthopedic examination in October 1997 showed that the veteran complained that his right knee was not very comfortable due to pain. He reported that if he sat too long his knee became very stiff and tight. He stated that he had to be careful climbing stairs due to knee pain, and most of the trouble was in the left knee. He also reported that he could do almost anything, but with discretion. He did not use a cane. He reported that after walking three to four blocks, the right knee would tighten and cause some pain at times. The examination showed that he walked without a cane or knee brace. Examination of both knees revealed equal leg lengths and good alignment. There was quadriceps atrophy on both sides. There were multiple surgical scars on both knees but no swelling or deformity. The ligaments were stable and strong. Range of motion on the right side was 0 to 90 degrees. Movements against resistance were good and the veteran did not complain of pain. McMurray's and Drawer's test were negative. There was no edema or swelling of the legs. X-ray of the right knee showed a total knee prosthesis in good place. The pertinent diagnosis was status post total right knee arthroplasty. The examiner noted that there was very little objective evidence of pain in the knees; however, there was some functional loss of both knees due to status post surgery. In addition, the examiner noted that it was not possible to give any opinion regarding the range of motions or functional limitation during the flare-ups. In fact, the veteran did not describe any flare-up and he reported that he could do almost anything up to his discretion. The examiner did not foresee any additional decrease of limitation during flare-ups. The medical evidence for the severity of the right knee disability for the period from July 1, 1997, shows that there is no loosening of the prosthesis and that the veteran is able to fully extend his right knee and to flex it to 90 degrees. He has reported some pain but not severe pain. Dr. Fugle did not report the presence of severe pain, and the VA examiner stated that there was very little evidence of pain. Although atrophy was noted at the VA examination, no gait impairment was found, the knee ligaments were found to be stable and strong and movements against resistance were found to be good. There was no edema or swelling of the right leg. Although the examiner noted that there was some functional loss of the right knee due to status post surgery, the only functional loss noted was the veteran's report of having to be careful climbing stairs due to the knee pain. The veteran further reported that he could do almost anything, but with discretion. In sum, when all pertinent disability factors are considered, as required by DeLuca, the Board must conclude that the medical evidence establishes that the functional impairment of the veteran's right knee is not in excess of that contemplated by the assigned evaluation. As noted above, VA General Counsel Precedent Opinion Number 23-97, holding that a claimant who has arthritis and instability of the knee may be rated separately under Diagnostic Codes 5003 and 5257, was issued effective July 1, 1997. Accordingly, it does apply in the veteran's case for this period commencing July 1, 1997. See 38 U.S.C.A. § 5110(g); Rhodan, 12 Vet. App. at 57. The evidence, however, does not show that the veteran has instability of the right knee. A private treatment record dated June 24, 1997, specifically notes that the veteran's right knee had excellent stability and varus/valgus were stable. It was further noted that X-rays showed no sign of loosening. The VA orthopedic examination report dated in October 1997 notes that the veteran's ligaments were stable and strong. In addition, McMurray's and Drawer's tests were negative. Accordingly, a separate rating for instability of the right knee is not warranted. II. Total Rating Based on Unemployability A total disability rating may be assigned where the schedular rating is less than total, and when the veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disability, provided, however, that if there is only one such disability, it must be rated 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. 38 C.F.R. § 4.16 (1999). In August 1992, the veteran submitted his claim for a total rating based on unemployability due to service-connected disabilities, at which time he indicated that he was born in February 1926, completed eighth grade, last worked full-time in September 1987, and became too disabled to work in 1990. The record reflects that the veteran's service-connected disabilities consist of status post right total knee arthroplasty and status post right herniorrhaphy. Due to various ratings for the service-connected right knee disability (the service-connected status post right herniorrhaphy has been rated continuously as noncompensable), his combined rating was 30 percent from October 1, 1991, through March 16, 1994, 100 percent from March 17, 1994, through June 30, 1995, 30 percent from May 1, 1995, through January 14, 1996, 60 percent from January 15, 1996, through April 30, 1996, 100 percent from May 1, 1996, through June 30, 1997, and 30 percent since July 1, 1997. At a hearing before a Hearing Officer at the RO in February 1993, the veteran testified that there were other factors besides his right knee disability which resulted in his retiring in 1987. A treatment record from Dr. Fugle, dated January 19, 1994, notes that the veteran had called and stated that he would need a note for work. There was no further notation as to the veteran's employment at that time. Another treatment record from Dr. Fugle, dated May 9, 1995, notes that the veteran could not work full-time. In a statement from Dr. Fugle, dated May 9, 1996, he noted that the veteran had continued to complain of pain in the right knee since 1989 and could not kneel on the right knee. The veteran was just post-operative and was using a walking. He was still in the hospital. It was further noted that he would need extensive physical therapy and would need household help for approximately two months. Dr. Fugle provided his opinion that the veteran was totally disabled in regard to his right lower extremity. However, in a treatment record dated June 4, 1996, from Dr. Fugle, there were no work restrictions noted. It was indicated that the veteran could continue to ambulate and do other activities, as well as weight bear to tolerance. In another application for unemployability, dated in July 1996, the veteran indicated that the right knee disability prevented him from securing or following any substantially gainful employment. He reported that he last worked full- time in November 1994 and became too disabled to work at that time. He also indicated that his disability affected full time employment in 1993. In a statement dated in May 1997 from the Ford Motor Company, one of the veteran's prior employers, it is noted that early retirement benefits were approved for him in January 1989. The October 1997 VA orthopedic examination report contains the examiner's medical opinion that, in regard to the right knee disability, the veteran should be able to do light work in view of the fact that he had very little discomfort and complaint of pain. Initially, the Board notes that the veteran does not meet the minimum schedular requirements for a total rating based on unemployability. As noted above, the combined service connected evaluations for the two service-connected disabilities was never 70 percent or more, except during those periods when the veteran was assigned a 100 percent rating. Accordingly, the Board must conclude that a total disability rating is not warranted. Even if the required percentage standards described above had been met, the veteran would not be entitled to a total rating based on unemployability. There is no subjective or objective evidence that the service-connected status post right herniorrhaphy has resulted in any significant industrial impairment. Although the veteran has alleged that the service-connected right knee disability has resulted in unemployability, the medical evidence is against such a finding. As noted above, the May 9, 1996, statement from Dr. Fugle noted the opinion that the veteran was totally disabled in regard to his right lower extremity. However, the veteran had just had revision of the right total knee arthroplasty on May 1, 1996, and, as noted by Dr. Fugle, the veteran was still in the hospital. In a rating decision of July 1996, the RO assigned a 100 percent rating for the service- connected right knee disability from May 1, 1996, through June 30, 1997, pursuant to Diagnostic Code 5055. Thus, the veteran did receive a total disability rating for the immediate post-surgery period under Diagnostic Code 5055. Dr. Fugle's May 9, 1996, statement does not support a finding of individual unemployability due to service connected disability. Moreover, the VA examiner at the October 1997 VA orthopedic examination determined that the veteran's right knee disability did not prevent him from being able to do light work. Therefore, the Board concludes that the preponderance of the evidence establishes that the veteran's service-connected right knee disability and status post right herniorrhaphy are not sufficient by themselves to render the veteran unable to secure or follow any form of substantially gainful employment consistent with his education and industrial background. ORDER An evaluation in excess of 30 percent for right knee disability during the period prior to March 17, 1994, the period from May 1, 1995, through January 14, 1996, and the period from July 1, 1997, is denied. An evaluation in excess of 60 percent for right knee disability during the period from January 15, 1996, through April 30, 1996, is denied. Entitlement to a total rating based on unemployability due to service-connected disabilities is denied. SHANE A. DURKIN Member, Board of Veterans' Appeals