Citation Nr: 21010345
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 11-04 229
DATE: February 24, 2021

ORDER

Entitlement to service connection for left knee disorder, to include as secondary to a right knee disability, is dismissed.

FINDING OF FACT

The grant of service connection for left knee disorder in October 2020 rating decision renders the claim for service connection moot.

CONCLUSION OF LAW

The claim for entitlement to service connection for a left knee disorder is moot and is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from September 1978 to July 1986.

This matter comes before the Board of Veterans’ Appeals (Board) from a February 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

A hearing was held in June 2015 before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

1. Entitlement to service connection for a left knee disorder, to include as secondary to a service-connected right knee disability

In an October 2020 rating decision, service connection was granted for a left knee strain and degenerative joint disease (DJD) of the left knee. The October 2020 rating decision constitutes a full grant of the benefits sought on appeal by the Veteran. Here, the Board notes that it may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. In light of the full grant of benefits sought, there remains no allegation of error of fact or law for appellate consideration. Thus, as the Veteran has already received a full grant of benefits relative to his claim for service connection for a left knee disorder, DJD, there is no remaining issue for the Board to adjudicate. Accordingly, the Board does not have jurisdiction to review this claim and it must be dismissed. 38 U.S.C. § 7105(d)(5); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (noting dismissal is the proper remedy when an appeal has become moot).

 

 

K. J. ALIBRANDO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. McKenzie, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.