Citation Nr: 21069430 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 07-00 246A DATE: November 18, 2021 ORDER Entitlement to service connection for metatarsalgia, claimed as Morton's disease metatarsalgia, is dismissed. FINDING OF FACT An August 2021 rating decision granted service connection for metatarsalgia, claimed as Morton's disease; there remains no case or controversy pertaining to the claim of service connection for metatarsalgia, claimed as Morton's disease. CONCLUSION OF LAW The criteria for dismissal of the claim of service connection for metatarsalgia, claimed as Morton's disease, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.104. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1979 to May 1983. These matters come before the Board of Veterans' Appeals (Board) on appeal from October 2005, May 2014, and May 2015rating decisions of Department of Veterans Affairs (VA) Regional Offices (RO). In the October 2005 rating decision, a VA RO found that new and material evidence had not been received to reopen a claim for service connection for hallux valgus, claimed as a bilateral foot condition. Subsequently the issue of hallux valgus was reopened by the Board and granted on its merits in October 2013. Thereafter, in May 2014, a VA RO implemented the Board's grant of service connection for bilateral hallux valgus and assigned an initial noncompensable rating, effective April 27, 2004the date of receipt of the Veteran's claim for service connection. The Veteran submitted a timely notice of disagreement (NOD) regarding the initial rating. Comparatively, in the May 2015 rating decision, a VA RO (1) denied entitlement to service connection for metatarsalgia, bilateral heel spurs, and fusion of the bilateral fifth toes; and (2) awarded a temporary total rating for bilateral hallux valgus, effective from May 20, 2014 to June 30, 2014. The Veteran submitted a timely NOD regarding the denials of service connection as well as the parameters of the temporary total rating. In December 2016, the Board found that new and material evidence had been received to reopen the issues of service connection for the low back, left leg, and right knee. It then remanded those issues, as well as the issue of entitlement to an initial compensable rating for hallux valgus, for additional development. Additionally, the Board issued a separate decision in December 2016 (1) remanding the issues of the effective date for the award of a temporary total rating for bilateral hallux valgus as well as service connection for metatarsalgia, bilateral heel spurs, and fusion of the bilateral fifth toes for the issuance of a statement of the case (SOC); and (2) remanding the issues of entitlement to service connection for bilateral hammertoes and bilateral hallux rigidus, which were generated as part and parcel of the April 2004 claim mentioned previously. An SOC was issued in September 2018 regarding the Veteran's temporary total rating and service connection for metatarsalgia, bilateral heel spurs, and fusion of the bilateral fifth toes. In November 2018, the Veteran perfected his appeal as to those issues. Additionally, in a June 2019 rating decision, a VA RO awarded service connection regarding the Veteran's low back, left leg, and right knee claims. The Board finds that this grant of service connection constituted a full award of the benefits sought on appeal with respect to those issues. See Grantham v. Brown, 114 F.3d 1156, 1158-59 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (holding that 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 the claim concerning "downstream" issues, such as the compensation level assigned for the disability and the effective date); see also 38 C.F.R. § 19.20. As such, those issues are no longer before the Board. In December 2019, the Board remanded the following issues for further development: (1) entitlement to service connection for metatarsalgia, claimed as Morton's disease; (2) entitlement to service connection for bilateral heel spurs; (3) entitlement to service connection for fusion of the bilateral fifth toes; (4) entitlement to service connection for bilateral hammertoes; and (5) entitlement to service connection for bilateral hallux rigidus. In March 2020 and June 2021 rating decisions, a VA RO awarded service connection regarding the Veteran's claims for entitlement to service connection for bilateral heel spurs; entitlement to service connection for fusion of the bilateral fifth toes; entitlement to service connection for bilateral hammertoes; and entitlement to service connection for bilateral hallux rigidus. The Board finds that this grant of service connection constituted a full award of the benefits sought on appeal with respect to those issues. As such, those issues are no longer before the Board. 1. Entitlement to service connection for metatarsalgia, claimed as Morton's disease. The claim for service connection for metatarsalgia, claimed as Morton's disease a was initially denied in the May 2015 rating decision. Following the December 2019 Board Remand, the RO issued an August 2021 rating decision which granted service connection for bilateral metatarsalgia, claimed as Morton's disease. This constitutes a full grant of the benefits sought on appeal for this service connection issue. As the benefit sought has been granted in full, the issue of service connection for metatarsalgia, claimed as Morton's disease, is no longer before the Board. As there is no case or controversy to decide, the issue is dismissed. See 38 U.S.C. § 7105; 38 C.F.R. § 20.104(c). J. NICHOLS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael J. O'Connor, 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.