Citation Nr: 21022041 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 03-02 401 DATE: April 14, 2021 ORDER Entitlement to an effective date prior to January 28, 2020, for the grant of service connection for left ankle degenerative arthritis is dismissed. Entitlement to an effective date prior to January 28, 2020, for the grant of service connection for right knee degenerative arthritis with patellofemoral pain syndrome is dismissed. Entitlement to an effective date prior to September 4, 2018, for the grant of service connection for left hip degenerative arthritis limitation of flexion is dismissed. Entitlement to an effective date prior to September 4, 2018, for the grant of service connection for left hip degenerative arthritis limitation of extension is dismissed. Entitlement to an effective date prior to September 4, 2018, for the grant of service connection for left hip degenerative arthritis with limitation of abduction/adduction is dismissed. Entitlement to an effective date prior to September 4, 2018, for the grant of service connection for right hip degenerative arthritis with limitation of flexion is dismissed. Entitlement to an effective date prior to September 4, 2018, for the grant of service connection for right hip degenerative arthritis with limitation of extension is dismissed. Entitlement to an effective date prior to September 4, 2018, for the grant of service connection for right hip degenerative arthritis with limitation of abduction/adduction is dismissed. FINDINGS OF FACT 1. Before the promulgation of this appeal, in an August 2020 rating decision, the Regional Office (RO), in pertinent part, granted service connection for right hip, left hip, left ankle, and right knee disabilities. 2. There is no evidence that the Veteran disagreed with the effective dates of the service connection awards for the right hip, left hip, left ankle, and right knee disabilities. 3. At the same time as the aforementioned rating decision, the RO erroneously issued a supplemental statement of the case (SSOC) identifying the issues in this present matter. CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to an effective date prior to January 28, 2020, for the grant of service connection for left ankle degenerative arthritis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of entitlement to an effective date prior to January 28, 2020, for the grant of service connection for right knee degenerative arthritis with patellofemoral pain syndrome have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for dismissal of entitlement to an effective date prior to September 4, 2018, for the grant of service connection for left hip degenerative arthritis limitation of flexion have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for dismissal of entitlement to an effective date prior to September 4, 2018, for the grant of service connection for left hip degenerative arthritis limitation of extension have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for dismissal of entitlement to an effective date prior to September 4, 2018, for the grant of service connection for left hip degenerative arthritis with limitation of abduction/adduction have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for dismissal of entitlement to an effective date prior to September 4, 2018, for the grant of service connection for right hip degenerative arthritis with limitation of flexion have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for dismissal of entitlement to an effective date prior to September 4, 2018, for the grant of service connection for right hip degenerative arthritis with limitation of extension have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 8. The criteria for dismissal of entitlement to an effective date prior to September 4, 2018, for the grant of service connection for right hip degenerative arthritis with limitation of abduction/adduction have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably on active duty in the United States Army from January 1973 to November 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 1999 rating decision. The Veteran filed a notice of disagreement (NOD) for the rating decision in October 2000. A statement of the case (SOC) was issued in December 2002 and the Veteran perfected his appeal in January 2003. In April 2003, the Veteran presented testimony at a hearing before a Decision Review Officer. In January 2005, the Veteran presented testimony at a hearing before a Veterans Law Judge who is no longer employed by the Board. A transcript of the hearing is associated with the claims file. In November 2017, the Veteran informed VA that he did not want another hearing before the Board, notwithstanding the fact that the Veterans Law Judge whom he previously testified before is no longer employed by the Board. In May 2005, April 2010, December 2012, October 2016, and January 2018 the Board remanded the service connection claims for further development. Inasmuch as the evidence of record reflects multiple joint disease diagnoses, the Board re-characterized the Veteran’s service claims in its November 2019 decision. As the Veteran only had one claim, DJD of multiple joints, in order to better characterize the Veteran’s claims and afford him the greatest opportunity to receive benefits, the Board separated out, joint-by-joint, the claimed conditions. In its November 2019 decision, the Board remanded the issues of service connection for further development. Before the promulgation of this appeal, in an August 2020 rating decision, the RO, in pertinent part, granted service connection for: (1) left shoulder glenohumeral and acromioclavicular joint osteoarthritis with an evaluation of 20 percent from November 19, 1998; (2) right shoulder glenohumeral and acromioclavicular joint osteoarthritis with an evaluation of 20 percent from November 19, 1998; (3) left hip degenerative arthritis with limitation of flexion with an evaluation of 0 percent from September 4, 2018, and an evaluation of 20 percent from January 28, 2020; (4) right hip degenerative arthritis with limitations of flexion with an evaluation of 0 percent from September 4, 2018, and an evaluation of 20 percent from January 28, 2020; (5) left ankle degenerative arthritis with an evaluation of 20 percent from January 28, 2020; (6) left knee degenerative arthritis with strain with an evaluation of 10 percent from November 19, 1998; (7) left hip degenerative arthritis with limitation of abduction/adduction with an evaluation of 10 percent from September 4, 2018; (8) right knee degenerative arthritis with patellofemoral pain syndrome with an evaluation of 10 percent from January 28, 2020; (9) right hip degenerative arthritis with limitation of abduction/adduction with an evaluation of 10 percent from September 4, 2018; (10) left hip degenerative arthritis with limitation of extension with an evaluation of 0 percent from September 4, 2018; (11) and right hip degenerative arthritis with limitation of extension with an evaluation of 0 percent from September 4, 2018. The grants of service connection for left shoulder, right shoulder, left knee, right knee, left hip, right hip, and left ankle disabilities are considered be a full grant of benefits. Therefore, these issues are no longer on appeal. However, concurrently, the RO erroneously issued a supplemental statement of the case (SSOC) identifying the issues as: (1) entitlement to an effective date prior to January 28, 2020, for service connection for left ankle degenerative arthritis; (2) entitlement to an effective date prior to January 28, 2020, for service connection for right knee degenerative arthritis with patellofemoral pain syndrome; (3) entitlement to an effective date prior to September 4, 2018, for service connection for left hip degenerative arthritis with limitation of flexion; (4) entitlement to an effective date prior to September 4, 2018, for service connection for left hip degenerative arthritis with limitation of extension; (5) entitlement to an effective date prior to September 4, 2018, for service connection for left hip degenerative arthritis with limitation of abduction/adduction; (6) entitlement to an effective date prior to September 4, 2018, for service connection for right hip degenerative arthritis with limitation of flexion; (7) entitlement to an effective date prior to September 4, 2018, for service connection for right hip degenerative arthritis with limitation of extension; and (8) entitlement to an effective date prior to September 4, 2018, for service connection for right hip degenerative arthritis with limitation of abduction/adduction. Thereafter, the issues of entitlement to earlier effective dates were erroneously transferred to the Board for appellate review and thus were docketed at the Board for consideration. The Board notes that the issue of entitlement to an earlier effective for the award of service connection is a downstream element of a claim for service connection. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (holding that when an appealed claim for service connection is granted during the pendency of the appeal, the appeal ends and a second notice of disagreement (NOD) is needed to initiate appellate review of a downstream issue); Holland v. Gober, 10 Vet. App. 433 (1997) (holding that an agency of original jurisdiction (AOJ) decision awarding service connection constitutes a full award of benefits, and as to the compensation level, rating, and effective date elements addressed in the same decision, a separate NOD is required in order to place these downstream elements in appellate status). Thus, for the earlier effective date issues to have been appropriately on appeal, the Veteran should have separately filed a NOD. There is no evidence that the Veteran or his representative disagreed with the effective dates of the service connection awards. Moreover, and importantly, the August 2020 rating decision granting service connection for left ankle, right knee, left hip, and right hip disabilities is an initial decision on the effective dates for the grants of service connection and was issued after February 19, 2019, and is therefore governed by the modernized review system (AMA) as to the effective dates. See 38 C.F.R. §§ 3.2400, 19.2. Therefore, the Board notes that if the Veteran would like to appeal the effective dates for the awards of service connection in the August 2020 rating decision, the Veteran should file a VA Form 10182 within one year of the date of notification of the decision. Thus, the issues of entitlement to earlier effective dates for the awards of service connection for left ankle, right knee, left hip, and right hip disabilities are not appropriately before the Board, and the Board lacks jurisdiction over these issues. Because the Board does not have jurisdiction to make such a determination, the appeal must be dismissed at this time. J. NICHOLS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Crawford, 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.