Citation Nr: 21028380
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 16-25 586
DATE: May 11, 2021

ORDER

Entitlement to service connection for a left knee disability is dismissed.

FINDING OF FACT

This case presents no question of law or fact with respect to the claim for entitlement to service connection for a left knee disability.

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for a left knee disability have been met.  38 U.S.C. §§ 7104 and 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1964 to March 1967.  He testified before the undersigned Veterans Law Judge during a March 2019 Travel Board hearing and a transcript is of record.

In a September 2019 Board Decision, the above-referenced claim was remanded to the RO for further evidentiary development and readjudication.  The RO conducted the requested development, to include obtaining an opinion regarding the etiology of the Veteran's left knee disability.  The opinion was favorable, so the RO issued a February 2020 rating decision granting service connection for a left knee disability, including (1) osteochondritis dissecans, left knee, rated 20 percent effective August 19, 2009, (2) total knee replacement left knee, rated 100 percent effective May 23, 2013, to July 1, 2014, and rated 30 percent thereafter, and (3) scar, left knee with a noncompensable rating effective May 23, 2013.  Consequently, the original appeal was resolved by these grants because the original appeal related only to entitlement to service connection and did not encompass the downstream elements of the rating for the left knee disability.  See Grantham v. Brown, 114 F.3d 1156, 1158 (Fed.Cir. 1997) (clarifying that an appeal regarding downstream elements, i.e. the disability rating, is separate from any prior appeal regarding entitlement to service connection).  Therefore, there is no pending appeal before the Board regarding entitlement to service connection for a left knee disability.

The Board acknowledges that the RO issued a February 2020 Supplemental Statement of the Case (SSOC) which purported to deny "Entitlement to service connection for a left knee disability at 60 percent" and then erroneously returned the appeal to the Board.  A letter accompanied the February 2020 SSOC which informed the Veteran that the claim would be addressed by the Board. However, as discussed, the appeal was resolved by the grant of service connection, so must be dismissed.  The February 13, 2020 notification letter made it clear the options the Veteran had if he disagreed with the ratings for the left knee and/or effective date assigned, and he did not exercise any of those options. Therefore, despite the SSOC, he was aware that additional action was needed if he disagreed with the February 2020 rating decision. 

Therefore, because the claim of entitlement to service connection for a left knee disability was granted by the February 2020 rating decision, there is no longer a case or controversy to resolve with regard to that issue, and the claim before the Board has been rendered moot.  

Entitlement to service connection for a left knee disability is no longer in appellate status and will be dismissed.  38 U.S.C. §§ 7104, 7105.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kerry Hubers

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.