Citation Nr: 21027526
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 17-57 162
DATE: May 6, 2021

ORDER

The appeal as to the issue of entitlement to an effective date earlier than January 1, 2017 for the grant of a 30 percent rating for a right knee disability manifested by limitation of extension, the benefits sought having been granted in full, is dismissed.

The appeal as to the issue of entitlement to an effective date earlier than January 1, 2017 for the grant of a 20 percent rating for a right knee disability manifested by instability, the benefits sought having been granted in full, is dismissed.

FINDING OF FACT

In an August 2020 rating decision, the Regional Office (RO) granted an earlier effective date of February 23, 2016 for the assignment of a 30 percent rating for a right knee disability manifested by limitation of extension and a 20 percent rating for a right knee disability manifested by instability; this action constitutes a full grant of the benefits sought by the Veteran as articulated in his notice of disagreement (NOD).

CONCLUSION OF LAW

There being no justiciable case or controversy, the issues of entitlement to an effective date earlier than January 1, 2017 for the assignment of a 30 percent rating for a right knee disability manifested by limitation of extension and a 20 percent rating for a right knee disability manifested by instability are dismissed. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August to September 1993, May 2003 to February 2005, and June 2007 to December 2008.

This appeal arose to the Board of Veterans' Appeals (Board) from May 2017 and November 2017 rating decisions of the Department of Veterans Affairs (VA) RO in Portland, Oregon.

The Veteran participated in a videoconference hearing with the undersigned Veterans Law Judge (VLJ) in August 2019. A transcript of that hearing is associated with the record.

In December 2019, the Board remanded the matters on appeal for evidentiary development.

Earlier Effective Date Claims

The Veteran initially appealed a May 2017 rating decision which assigned a January 1, 2017 effective date for a 30 percent rating for a right knee disability manifested by limitation of extension and a 20 percent rating for a right knee disability manifested by instability. In his May 2017 NOD, the Veteran argued these assigned ratings should date back to his February 2016 Intent to File. He then perfected his appeal to the Board as to these specific issues by submitting a substantive appeal in November 2017 in response to an October 2017 Statement of the Case (SOC). 

In its December 2019 remand, the Board agreed with the Veteran that his increased rating claim dated back to his February 23, 2016 Intent to File. The Board noted that although the Intent to File was not signed, VA violated its duty to assist by failing to notify the Veteran of deficiencies in the claim form; as such, the February 2016 Intent to File was the applicable claim for purposes of this appeal. The Board then requested a retrospective medical opinion to determine if the Veteran's symptoms warranted earlier effective dates. In December 2019, a positive VA medical opinion was provided. In an August 2020 rating decision, the RO granted an earlier effective date of February 23, 2016 for the ratings at issue. 

In light of the August 2020 rating decision granting the benefits sought by the Veteran in full, there are no longer any disputed issues on appeal. Accordingly, there is no justiciable case or controversy regarding the issues of entitlement to an effective date earlier than January 1, 2017 for the grant of a 30 percent rating for a right knee disability manifested by limitation of extension and for a 20 percent rating for a right knee disability manifested by instability, and the appeal must be dismissed. See 38 U.S.C. § 7105.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ryan, 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.