Citation Nr: 18153959
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 07-25 921
DATE:	November 29, 2018
ORDER
The appeal for an initial rating higher than 40 percent for lumbosacral degenerative disc disease (DDD) from January 1, 2011 is dismissed.
FINDING OF FACT
The issue of an initial rating higher than 40 percent for lumbosacral DDD, to include the period from January 1, 2011, was decided in a March 2016 Board of Veterans’ Appeals (Board) decision.
CONCLUSION OF LAW
The criteria for dismissal of the appeal for an initial rating higher than 40 percent for lumbosacral DDD from January 1, 2011 have been met.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.
REASONS AND BASES FOR FINDING AND CONCLUSION
In July 2015, the Board issued a decision which, in relevant part, denied a higher initial rating for lumbosacral DDD prior to January 1, 2011, and remanded the period from January 1, 2011 for further development.  In March 2016, the Board vacated the July 2015 denial and readjudicated the appeal.  At that time, the Board specifically noted that the development requested in the July 2015 remand for the period from January 1, 2011 had been completed, that the Agency of Original Jurisdiction (AOJ) had readjudicated that part of the appeal, and that this portion of the appeal period was properly before the Board.  As a result, the Board decided the entirety of the Veteran’s appeal for a higher initial rating in March 2016.
However, in September 2018, the (AOJ) issued a new supplemental statement of the case (SSOC) for a higher initial rating for lumbosacral DDD for the period from January 1, 2011.  This SSOC referenced the Board’s July 2015 remand of that issue, which has now returned to the Board.
Because the issue of an initial rating higher than 40 percent for lumbosacral DDD from January 1, 2011 was already decided in March 2016, the Board no longer has jurisdiction over that claim.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  There is no “case or controversy” to be decided, and the appeal is dismissed.  See Shoen v. Brown, 6 Vet. App. 456, 457 (1994).
 
 M. TENNER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Shamil Patel, Counsel