Citation Nr: 21075785
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 17-51 045
DATE: December 21, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In light of the August 2017 rating decision granting a total disability rating for the service-connected status post total left knee arthroplasty from August 1, 2015 to April 30, 2016, there remains no matter in controversy.

CONCLUSION OF LAW

The criteria for dismissal of appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

A total disability rating for status post total left knee arthroplasty

In a December 2015 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for status post total left knee arthroplasty and assigned a 30 percent rating, effective from August 1, 2015.  In a later December 2015 rating decision, the AOJ granted service connection for status post total right knee arthroplasty, and the codesheet reflects application of the bilateral factor.  In November 2016, the Veteran filed a notice of disagreement seeking a total rating for 9 months following his left knee replacement surgery and application of the bilateral factor.  As noted above, the bilateral factor already has been applied.  In August 2017, the AOJ issued a statement of the case on the issue of an increased rating for right knee replacement surgery.  In a later August 2017 rating decision, the AOJ granted a 100 percent rating for left knee replacement surgery from August 1, 2015 to April 30, 2016, a period of 9 months following the Veteran's discharge from active service.  [Notice of that rating decision was not issued until October 2017.]  On a September 2017 substantive appeal, prior to issuance of the above rating decision, the Veteran reiterated that he was seeking a total rating for 9 months after his discharge from service for his left knee replacement surgery.

In a December 2020 statement, the Veteran's representative indicated that, based on the Veteran's statements on the substantive appeal and on the AOJ's action on the left knee disability, there is no case or controversy remaining.  Given the Veteran's assertions throughout the appeal, the Board agrees.  In light of the August 2017 rating decision granting a total disability rating for the service-connected status post total left knee arthroplasty from August 1, 2015 to April 30, 2016, there remains no matter in controversy as to this matter.  Thus, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. §§ 7104(a), 7105(d)(5). 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. W. Kim, 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.