Citation Nr: 21064391
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 13-35 604
DATE: October 20, 2021

ORDER

Restoration of the Veteran's 30 percent disability rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci is granted, effective March 1, 2013.

FINDING OF FACT

The United States Court of Appeals for Veterans Claims (CAVC) reversed the May 2019 Board of Veterans' Appeals (Board) decision that denied the Veteran's appeal as to whether the reduction of his disability rating from 30 percent to 10 percent for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci, effective March 1, 2013, was improper.

CONCLUSION OF LAW

The Veteran's 30 percent disability rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci is restored, effective March 1, 2013.  38 U.S.C. §§ 1155, 5103, 5103(a), 5112(b)(6); 38 C.F.R. §§ 3.103(b), 3.105(e), 3.344, 4.1, 4.2, 4.7, 4.40, 4.42, 4.45, 4.59, 4.71a, Diagnostic Code 5014-5261.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1985 to January 1994.

This appeal to the Board of Veterans' Appeals (Board) arose from a December 2012 rating decision issued by the Department of Veterans Affairs (VA).  See March 2013 Notice of Disagreement (NOD); November 2013 Statement of the Case (SOC); December 2013 Substantive Appeal (VA Form 9).

The Veteran testified before the undersigned Veterans Law Judge in a May 2017 hearing.  See May 2017 Hearing transcript.

In December 2017, the Board denied the Veteran's claim.  December 2017 Board Decision.

The Veteran appealed the December 2017 Board decision to CAVC, and, through a Joint Motion for Remand, the claim was remanded to the Board for further reasons and bases.  October 2018 CAVC Decision.

In May 2019, the Board denied the Veteran's claim again.  May 2019 Board Decision.

The Veteran appealed and, through a March 2021 Memorandum Decision, CAVC reversed the May 2019 Board decision.  The March 2021 CAVC decision reinstated the Veteran's 30 percent rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci, effective March 1, 2013.  Id.

The Board notes that the March 2021 CAVC decision also remanded the issue of whether reduction of the Veteran's 30 percent rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci was improper for a further reasons and bases.  However, the Board finds the remand directive is moot as the March 2021 CAVC decision directed that the 30 percent rating be reinstated.  In other words, this issue is no longer in controversy since the Board is restoring the Veteran's 30 percent rating.

The Board also notes that the May 2019 Board decision denied entitlement to a separate rating for dislocation of semilunar cartilage, which was not appealed.  See May 2019 Board Decision; March 2021 CAVC Decision.  This issue is, thus, not in appellate status before the Board.

Restoration of the Veteran's 30 percent disability rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci is granted, effective March 1, 2013.

As discussed above, the March 2021 CAVC decision reversed the May 2019 Board decision that denied restoration of the Veteran's 30 percent rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci.  The March 2021 CAVC decision mandated that the Veteran's 30 percent rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci be reinstated, effective March 1, 2013.  Id. 

Accordingly, the Board will implement the CAVC mandate and the Veteran's 30 percent rating for right knee with degenerative changes of the medial compartment as well as the medial and lateral menisci is restored, effective March 1, 2013.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Lin

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.