Citation Nr: 20064458
Decision Date: 10/05/20	Archive Date: 10/05/20

DOCKET NO. 13-23 798
DATE: October 5, 2020

ORDER

The appeal dismissed.

FINDING OF FACT

In May 2020, the Board denied initial ratings higher than 10 percent for chondromalacia with degenerative arthritis of the left knee and patella tendonitis with degenerative joint disease of the right knee; and entitlement to a total disability rating based upon individual unemployability. The Veteran was advised of his appellate rights with regard to the Board’s decision and did not appeal that decision to the Court of Appeals for Veterans Claims (Court or CAVC). 

CONCLUSION OF LAW

The appeal is dismissed for lack of jurisdiction.  38 U.S.C. § 7105; 38 C.F.R. § 20.1100.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1982 to October 1982, from October 2001 to October 2002, and from April 2008 to January 2011. This matter previously came before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Board adjudicated the appeal in a May 2020 decision.

In a May 2020 decision, the Board denied an initial evaluation higher than 10 percent for chondromalacia with degenerative arthritis of the left knee, higher than 10 percent for patella tendonitis with degenerative joint disease of the right knee; and denied entitlement to a TDIU.  The Veteran was advised of his appellate rights with regard to that decision.  Specifically, VA Form 4597, Your Rights to Appeal Our Decision, was appended to the Board’s decision.  This form advised the Veteran that the decision was final regarding all issues addressed in the order section of the decision and that the local VA office would implement the Board’s decision.  He was further advised that if he was unsatisfied with the outcome of his appeal, he could appeal to the Court, file a motion for reconsideration, file a motion to vacate the decision, or file a motion for revision of the decision based on clear and unmistakable error. The Veteran has not appealed to the Court and has not filed a motion for reconsideration, to vacate the decision, or for revision of the decision based on clear and unmistakable error. Thus, the May 2020 decision constitutes a final decision and there is no error of fact or law before the Board at this time.  See 38 U.S.C. § 7105.  The appeal must be dismissed.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Lauritzen, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.