Citation Nr: 21009461
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 17-63 171
DATE: February 22, 2021

ORDER

The Veteran’s claim for entitlement to service connection for disabilities of the right hand is dismissed.

FINDING OF FACT

The Veteran’s claim for service connection for disabilities of the right hand was granted by July 2020 and September 2020 rating decisions. 

CONCLUSION OF LAW

As there are no remaining questions of fact or law to be decided, the appeal must be dismissed for lack of jurisdiction.  See 38 U.S.C. §§ 7103, 7104, 7105.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty during periods between September 1961 and October 1986.  

This appeal comes to the Board of Veterans’ Appeals (Board) from a July 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified at an April 2019 hearing before a Veterans Law Judge who is no longer with the Board.  The Board remanded this matter to the Agency of Original Jurisdiction (AOJ) in September 2019 to obtain outstanding relevant records and afford the Veteran VA examinations of his right hand to identify all right hand disabilities and determine if they are related to hisservice.  The Board offered the Veteran another opportunity to request a second hearing in a January 2021 letter, but he did not respond to the letter with a request for a hearing. 

The September 2020 Supplemental Statement of the Case lists entitlement to a total disability evaluation based upon individual unemployability (TDIU) as a claim on appeal.  The Board notes that there is no indication that this issue is in fact on appeal.  The Veteran did not perfect the denial of a TDIU claim during the pendency of the appeal, and there is no underlying increased rating claim from which a TDIU claim could derive.  See Rice v. Shinseki, 22 Vet. App. 447 (2009). 

It is unclear why the AOJ returned this case to the Board, as there is no justiciable case or controversy remaining for the Board to adjudicate.  A July 2020 decision granted service connection for disabilities of the right hand and right thumb, and a September 2020 rating decision granted service connection for disabilities of the index, long, and ring fingers.  In assigning disability ratings, the AOJ contemplated tendonitis, osteoarthritis, strains, and scarring identified by the VA examiners.  See also February 2021 Rating Decision Code sheet.  While the AOJ proposed to sever service connection for the index, long, and ring finger disabilities on the basis of clear and unmistakable error (CUE), it has not severed service connection as of the date of this decision.  See February 2021 rating decision.  Service connection thus remains in effect at present, and this appeal was returned to the Board in error.  

As there are no remaining questions of fact or law to be decided, the appeal must be dismissed for lack of jurisdiction.  See 38 U.S.C. §§ 7103, 7104, 7105. 

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael Duffy, 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.