Citation Nr: 21063237 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 15-29 039 DATE: October 13, 2021 ORDER Entitlement to service connection for a left ankle disability is dismissed. FINDING OF FACT Because the claim of entitlement to service connection for a left ankle disability was granted by the agency of original jurisdiction (AOJ), effective January 2, 2012, in a July 2020 rating decision, there remains no justiciable case or controversy on appeal. CONCLUSION OF LAW The benefit sought on appeal has been granted in full; there is thus no allegation of error of fact or law concerning the issue of entitlement to service connection for a left ankle disability. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from June 1983 to July 1983, September 1990 to June 1991, August 1993 to December 1993, October 2002 to October 2003, March 2005 to May 2006, and March 2011 to January 2012. The Veteran testified in support of these claims during a hearing held at the RO before the undersigned Veterans Law Judge in February 2019. In a June 2019 decision, the Board granted service connection for a left shoulder disability, a right elbow disability, a low back disability, bilateral hearing loss, tinnitus, and chronic sinusitis. See June 2019 Board Decision. The Board remanded the Veteran's remaining claim for service connection for a left ankle disability for additional evidentiary development, to include for the provision of a VA medical examination to determine the nature and etiology of his claimed condition. See id. Based upon the results of the November 2019 VA ankle examination, the agency of original jurisdiction granted service connection for "left ankle degenerative arthritis status post repair with residuals," assigning a 10 percent evaluation effective from January 2, 2012, the day following the Veteran's separation from active duty. See July 2020 Rating Decision (additionally implementing the Board's June 2019 grants of service connection for a left shoulder disability, a right elbow disability, a low back disability, bilateral hearing loss, tinnitus, and chronic sinusitis). 1. Dismissal of service connection for a left ankle disability As noted in the introduction above, service connection has been established for a left ankle disability, characterized as "left ankle degenerative arthritis status post repair with residuals." This award represents a complete grant of the benefit sought on appeal as concerning the issue of entitlement to service connection for a left ankle disability. Accordingly, a "case or controversy" does not exist. See Shoen v. Brown, 6 Vet. App. 456 (1994). Thus, the appeal as to this issue of entitlement to service connection for a left ankle disability must be dismissed as moot, as there is no longer a specific error of fact or law to be determined. 38 U.S.C. § 7105 (d)(5). Notably, in the July 2020 rating decision, the AOJ notified the Veteran that the evaluations assigned the conditions for which service connection was established by the Board's June 2019 decision were based on the "evidence of record," and that VA would be "requesting current examinations . . . to determine if a higher evaluation can be assigned" these newly service-connected disabilities. See July 2020 Rating Decision. In February 2021, the Veteran was provided VA orthopedic, audiological, and otolaryngologic examinations, and an April 2021 rating decision reassessed the assigned evaluations. The Veteran has not, as yet, initiated an appeal of that decision. Following issuance of the April 2021 rating decision, the AOJ apparently determined that further orthopedic evaluation was warranted. The Veteran thus underwent VA back, elbow, and shoulder examinations in June 2021. Subsequently, the AOJ issued a supplemental statement of the case (SSOC) denying higher ratings for the Veteran's service-connected left shoulder strain, right elbow disability, lumbar spine degenerative disc disease, and right and left lower extremity radiculopathy. See July 2021 SSOC. The AOJ incorrectly indicated that the increased rating issues were remanded by the Board in its June 2019 decision. However, as noted above, that decision addressed the Veteran's service connection claims. Additionally, the Veteran has not disagreed with the disability ratings or the effective dates assigned the disabilities for which service connection was established by the Board's grant, namely the left shoulder disability, right elbow disability, low back disability, bilateral hearing loss, tinnitus, and chronic sinusitis. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (where an appealed claim for service connection is granted during the pendency of the appeal, a second Notice of Disagreement must thereafter be timely filed to initiate appellate review of "downstream" issues such as the compensation level assigned for the disability or the effective date of service connection); Dofflemeyer v. Derwinski, 2 Vet. App. 277, 279-80 (1992). Therefore, these matters are not in appellate status and are not before the Board. Should the Veteran wish to appeal the evaluations assigned his service-connected disabilities, he should submit the appropriate form within one year of notification of the April 2021 rating decision, so before April 13, 2022. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. McCabe, 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.