Citation Nr: 21022906 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 09-34 439 DATE: April 19, 2021 ORDER Entitlement to an extraschedular rating for service-connected residuals for frostbite of the right lower extremity is dismissed. Entitlement to an extraschedular rating for service-connected residuals for frostbite of the left lower extremity is dismissed. Entitlement to an extraschedular rating for service-connected residuals for frostbite of the right upper extremity is dismissed. Entitlement to an extraschedular rating for service-connected residuals for frostbite of the left upper extremity is dismissed. FINDINGS OF FACT 1. The Board of Veterans’ Appeals (Board) has no jurisdiction over the issue of an extraschedular rating for service-connected residuals for frostbite of the right lower extremity. 2. The Board has no jurisdiction over the issue of an extraschedular rating for service-connected residuals for frostbite left lower extremity. 3. The Board has no jurisdiction over the issue of an extraschedular rating for service-connected residuals for frostbite right upper extremity. 4. The Board has no jurisdiction over the issue of an extraschedular rating for service-connected residuals for frostbite left upper extremity. CONCLUSIONS OF LAW 1. The Board lacks jurisdiction over the claim of an extraschedular rating for service-connected residuals of frostbite of the right lower extremity as a matter of law and it must be dismissed. 38 U.S.C. § 7104; 38 C.F.R. §§ 20.204, 20.1100. 2. The Board lacks jurisdiction over the claim of an extraschedular rating for service-connected residuals of frostbite of the left lower extremity as a matter of law and it must be dismissed. 38 U.S.C. § 7104; 38 C.F.R. §§ 20.204, 20.1100. 3. The Board lacks jurisdiction over the claim of an extraschedular rating for service-connected residuals of frostbite of the right upper extremity as a matter of law and it must be dismissed. 38 U.S.C. § 7104; 38 C.F.R. §§ 20.204, 20.1100. 4. The Board lacks jurisdiction over the claim of an extraschedular rating for service-connected residuals of frostbite of the left upper extremity as a matter of law and it must be dismissed. 38 U.S.C. § 7104; 38 C.F.R. §§ 20.204, 20.1100. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Marine Corps from June 1983 to June 1987. The Board will lay out the procedural history of how the case came before the Board so that the Veteran understands why the case is not properly before the Board. In a March 2009 rating decision issued by the agency of original jurisdiction (AOJ), service connected was granted for residuals of frostbite for bilateral upper extremities and bilateral lower extremities. He was granted a rating of 30 percent effective December 21, 2007. A claim for an increased rating and special monthly compensation was filed, which the AOJ denied in an October 2013 rating decision. The Veteran properly appealed this decision and a statement of the case (SOC) was issued in October 2015, which continued the denials. Then, in November 2015, the Veteran properly filed a VA Form 9. The first Board decision was issued in February 2018. Here, the Board denied an increased rating for his claims. The Veteran properly appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). The parties entered into a Joint Motion for Partial Remand (JMPR) which the Court granted in February 2019. The JMPR vacated the Board’s February 2018 decision only for whether the Veteran was entitled to an extraschedular rating for his service-connected residuals for frostbite in his bilateral upper and lower extremities. The schedular rating of 30 percent for each service-connected residuals for frostbit of the bilateral upper and lower extremities was not vacated. The matter came back to the Board and in October 2019 and a new decision was issued by the Board. Here, the Board issued a remand to obtain an advisory opinion from the Director of Compensation Service for extraschedular consideration. In May 2020, after the advisory opinion was received, the AOJ issued a supplemental statement of the case (SSOC) denying issuance of an extraschedular rating for all claims and provided notice to the Veteran of his option to opt-in to the Appeals Modernization Act (AMA). Then, in June 2020, the Veteran submitted a VA Form 10182, notice of disagreement (NOD) under AMA. In June 2020, the matter came back before the Board. The Board issued a new decision denying entitlement to an extraschedular rating for any service-connected residuals of frostbite claims. The decision also remanded the Veteran’s claim for service connection for sleep apnea. The next day, the Veteran filed a motion to vacate the Board’s June 2020 decision due to lack of jurisdiction as the Veteran opted-in to AMA. In July 2020, the Board issued a decision on the Veteran’s motion to vacate. Here, the Board granted the Veteran’s motion to vacate the portion of the June 2020 Board decision that remanded the claim for service connection for sleep apnea as the Veteran had properly opted-in to AMA. As for the Veteran’s claim for extraschedular rating for his service-connected residuals of frostbite injuries, the Board denied to vacate the June 2020 decision, as it was determined that the Veteran did not properly file a signed VA Form 20-0996, Request for Higher Level Review, under the AMA system. The July 2020 decision is final, and the Veteran did not appeal this decision to the United States Court of Appeals for Veterans Claims. Thus, at the present time, there is no case or controversy regarding the claims for entitlement to extraschedular rating for service-connected residuals for frostbite injuries to his bilateral upper and lower extremities. Accordingly, the Board is without jurisdiction to review the appeal, and it is dismissed. 38 U.S.C. § 7104. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Glaeser, 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.