Citation Nr: 21040952
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 11-18 730
DATE: July 7, 2021

ORDER

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

FINDING OF FACT

Entitlement to service connection for a right knee disability has already been established in a January 2019 rating decision. 

CONCLUSION OF LAW

The issue of service connection for a right knee disability has been awarded, the appeal is moot and is therefore dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1982 to September 1984. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. 

The Veteran testified before the undersigned Veterans Law Judge (VLJ) during a June 2013 hearing. A transcript of the hearing is associated with the Veteran's claim file.

Following a June 2017 Board remand, the RO granted entitlement to medial meniscus tear with patellofemoral syndrome of the right knee and instability of the right knee in a January 2019 rating decision. See January 2019 rating decision. Since that decision constituted a full grant of the benefits sought on appeal, the claim is no longer before the Board. AB v. Brown, 6 Vet. App. 35 (1993). 

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105(d)(5). Thus, the Board finds that this issue should be dismissed as already granted and there is no justiciable case or controversy before the Board at this time with respect to this claim. 38 U.S.C. § 7105(d)(5).

The Board recognizes that the Veteran expressed disagreement with a January 2020 rating decision that decreased the evaluation for medical meniscus tear with patellofemoral pain syndrome of the right knee and instability of the right knee. This is, however, a different issue which is not currently before the Board. 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.