Citation Nr: 18160833 Decision Date: 12/27/18 Archive Date: 12/27/18 DOCKET NO. 16-18 066 DATE: December 27, 2018 ORDER The appeal of the claim for entitlement to service connection for a left knee disability is dismissed as the benefit sought was granted in August 1993. Service connection for a left knee scar is granted. FINDINGS OF FACT 1. An August 1993 rating decision granted service connection for a left knee disability. 2. The Veteran's left knee scar is related to service. CONCLUSIONS OF LAW 1. There being no justiciable case or controversy, the Veteran’s claim for entitlement to service connection for a left knee disability is dismissed. 38 U.S.C. § 7105 (d)(5). 2. The criteria for service connection for a left knee scar have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1990 to April 1993 in the United States Army. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In November 2018, the Veteran testified before the undersigned during a videoconference hearing. Service Connection Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). Generally, in order to show a service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. See, e.g., Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Pond v. West, 12 Vet. App. 341 (1999). Left Knee Disability The Board is charged with making final decisions on all questions in a matter which, under 38 U.S.C. §511(a), is subject to decision by the Secretary. 38 U.S.C. §7104. One of the principal functions of the Board is to make determinations of appellate jurisdiction. 38 C.F.R. §19.4. If the Board determines that it does not have jurisdiction over a case, the case may be dismissed. 38 U.S.C. §7105; 38 C.F.R. §20.101(d). In an August 1993 rating decision, the St. Louis, Missouri RO granted service connection for a left knee disability, the benefit currently being sought on appeal, and assigned a noncompensable rating, effective April 22, 1993. Notice of that determination was sent to the Veteran’s address of record; however, it does not appear that it was subsequently recognized by the RO in Des Moines, Iowa. Thus, service connection has clearly already been established for a left knee disability. There is no longer any case or controversy pending before the Board as contemplated by 38 U.S.C. §§ 7104, 7105, and 38 C.F.R. § 19.4 for this service-connection claim. In the absence of any remaining, justiciable question, the appeal must be dismissed. (It is suggested that the RO interpret the Veteran’s claim for service connection for a left knee disability be construed as a claim for a compensable disability rating for purposes of establishing the effective date of any award of disability compensation.) Left Knee Scar The Veteran has a current left knee scar, documented on VA examination in June 2015. On his March 1990 service entrance examination, no left knee scars were noted and the Veteran raised no pertinent complaints on the accompanying Report of Medical History. Service treatment records (STRs) show that while on active duty in February 1992, he underwent a left knee arthroscopy and arthrotomy with debridement of the chondral flaps and drilling of an osteochondritis dissecans lesion. A subsequent October 1992 service examination report documented a residual surgical scar on the left knee. On VA scars examination in June 2015, the Veteran was diagnosed with a scar of the anterior left knee due to the in-service surgical repair of a patellar dislocation. In considering the evidence under the laws and regulations as set forth above, and resolving all reasonable doubt in his favor, the Board concludes that the Veteran is entitled to service connection for his left knee scar as directly related to service. The above evidence constitutes the entirety of the evidence on direct service connection. There is only one scar on the left knee, and there is no evidence addressing its origin that is contrary to the June 2015 report. The Court has cautioned VA against seeking a medical opinion where favorable evidence in the record is unrefuted. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003). The June 2015 VA examination report is adequate for adjudication; the examiner performed a clinical examination of the Veteran, and based his findings on an examination of the in-service and post-service medical records. See Stefl v. Nicholson, 21 Vet. App. 120, 123 (2007). As the evidence is at least in equipoise in showing that the Veteran has a left knee scar attributable to service, and resolving all doubt in his favor, the Board finds that service connection is warranted. M. Tenner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Smith, Counsel