Citation Nr: 21065629
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 16-24 180
DATE: October 26, 2021

ORDER

The appeal regarding entitlement to a compensable disability rating for rheumatoid arthritis is dismissed.

FINDINGS OF FACT

In a February 2019 decision, the Board denied entitlement to a compensable disability rating for rheumatoid arthritis; in May 2020, pursuant to a December 2019 Order of the United States Court of Appeals for Veterans Claims (Court), the Board granted separate compensable ratings for knee disabilities associated with rheumatoid arthritis and special monthly compensation based on the need for aid and attendance, and there remain no other issues ripe for appellate consideration.     

CONCLUSION OF LAW

There remain no allegations of errors of fact or law for appellate consideration regarding the claim of entitlement to a compensable disability rating for rheumatoid arthritis, and the appeal is dismissed.  38 U.S.C. § 7105(d).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from June 1951 to October 1952; he died in July 2016.  The Appellant is his surviving spouse, and her request for substitution as claimant was granted for the issue of entitlement to an increased rating for rheumatoid arthritis in February 2018.  

In a February 2019 decision, the Board denied a compensable rating for service-connected rheumatoid arthritis but granted entitlement to separate compensable ratings for residuals of rheumatoid arthritis in the arms, forearms, and fingers bilaterally.  

The Appellant appealed the Board's decision, and a December 2019 Court Order granted a Joint Motion for Partial Remand which vacated the Board's February 2019 decision insofar as it denied separate compensable ratings for knee disabilities and failed to address a reasonably raised request for consideration of special monthly compensation.  The remainder of the February 2019 Board decision was left undisturbed.

In May 2020, the Board granted separate compensable ratings for right and left knee disabilities and special monthly compensation based on the need for regular aid and attendance, thus addressing the instructions provided in the December 2019 Joint Motion for Partial Remand and leaving no remaining issues on appeal.

The Board notes that a virtual Board hearing was scheduled for August 2, 2021, which the Appellant cancelled.  The claims file appears to have been returned to the Board and the hearing scheduled in error. 

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The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  In this case, the Board addressed the issue on appeal in February 2019 and May 2020 decisions, and there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Sherrard, 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.