Citation Nr: 21069610
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 17-33 312
DATE: November 19, 2021

ORDER

The appeal seeking a three-month temporary 100 percent evaluation for convalescence under 38 C.F.R. § 4.30 for bunionectomy surgery performed on November 20, 2014 is dismissed.

FINDING OF FACT

In a July 2017 rating decision, the agency of original jurisdiction (AOJ) granted a temporary evaluation of 100 percent, from November 20, 2014 through February 28, 2015, based on surgical or other treatment necessitating convalescence, which represents a full grant of the benefit sought on appeal.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted in full, there remains no question of law or fact on appeal, and the appeal is dismissed as to the claim for a temporary evaluation of 100 percent, effective November 20, 2014, based on surgical or other treatment necessitating convalescence. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1988 to November 1995 and from April 2009 to September 2012.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision by the AOJ, which denied a temporary 100 percent evaluation for convalescence under 38 C.F.R. § 4.30 for a bunionectomy surgery performed on November 20, 2014.  

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In a May 2015 Notice of Disagreement, the Veteran requested a temporary 100 percent evaluation for convalescence from November 20, 2014, through February 17, 2015.  In a May 2017 rating decision, the AOJ granted a temporary 100 evaluation from November 20, 2014, through December 31, 2014.  In an appeal form, the Veteran again asserted that he was requesting and entitled to a temporary 100 percent evaluation for convalescence for three months, from November 20, 2014, to February 17, 2015.

A July 2017 rating decision granted a temporary 100 percent evaluation for convalescence from November 20, 2014, through February 17, 2015.  The Board finds that this decision is considered a full grant of the issue on appeal.  The Veteran has not indicated an intent to seek any other period of convalescence related to the bunionectomy.  Further, the Veteran did not perfect an appeal for the issue of entitlement to an increased rating related to the right foot on the June 2017 VA Form 9.  Thus, there remains no justiciable case or controversy for the Board to adjudicate.  Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. As the July 2017 decision represents a full grant of the benefits sought, there is no case or controversy presently before the Board, and the appeal is dismissed.  See 38 U.S.C. § 7105.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Ahmad

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.