Citation Nr: 22008084
Decision Date: 02/11/22	Archive Date: 02/11/22

DOCKET NO. 15-00 625
DATE: February 11, 2022

ORDER

The appeal is dismissed.

FINDINGS OF FACT

In a February 2021 rating decision, the RO granted service connection for a bilateral knee disability.

In a February 2021 rating decision, the RO granted service connection for a bilateral hip disability.

In a February 2021 rating decision, the RO granted service connection for a left elbow disability.  In a January 2022 rating decision, the RO granted service connection for a right elbow disability.

In a February 2021 rating decision, the RO granted entitlement to a total disability based upon individual unemployability (TDIU).

CONCLUSIONS OF LAW

The appeal for entitlement to service connection for bilateral knee disability is dismissed. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

The appeal for entitlement to service connection for bilateral hip disability is dismissed.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

The appeal for entitlement to service connection for bilateral elbow disability is dismissed.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

The appeal for entitlement to a TDIU is dismissed.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from March 1972 to February 1974.  

This matter comes before the Board of Veterans' Appeals (Board) from an August 2010 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  This appeal was most recently before the Board in April 2020.

1. The appeal for entitlement to service connection for a bilateral knee disability is dismissed.

2. The appeal for entitlement to service connection for a bilateral hip disability is dismissed.

3. The appeal for entitlement to service connection for a bilateral elbow disability is dismissed.

4. The appeal for entitlement to a TDIU is dismissed.

One of the threshold issues that the Board must address is the determination of appellate jurisdiction.  38 C.F.R. § 20.103.  Generally, the Board's jurisdiction is grounded in an appeal having been filed on an issue, or issues, in controversy.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.104.  If the Board does not have jurisdiction, it may dismiss that case or issue.  38 C.F.R. § 20.104 (c).

In April 2020, the Board remanded the issues of entitlement to service connection for a bilateral hip disability, bilateral knee disability, bilateral elbow disability, and a TDIU for further development.  In a February 2021 rating decision, the RO granted service connection for bilateral knee tendonitis; bilateral hip strain; left elbow epicondylitis; and a TDIU; all effective April 7, 2010, the date the Veteran's claim for benefits was received.  The RO deferred adjudication of a right elbow disability pending further development.  In a January 2022 rating decision, the RO granted service connection for right elbow epicondylitis effective April 7, 2010, the date his claim for a right elbow disability was received.  The February 2021 and January 2022 rating decisions represent a full grant of benefits sought on appeal.  See Grantham v. Brown, 114 F.3d 1156, 1159 (Fed. Cir. 1997).

Given the full grant of benefits for service connection and a TDIU sought on appeal, there is no longer a case or controversy to resolve.  As such, the appeal must be dismissed.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.200, 20.202.

 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Lauritzen, 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.