Citation Nr: 22028469
Decision Date: 05/13/22	Archive Date: 05/13/22

DOCKET NO. 20-09 240
DATE: May 13, 2022

ORDER

Entitlement to service connection for a bilateral wrist disability is dismissed.

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

FINDING OF FACT

In December 2019 and August 2020 decisions, the Agency of Original Jurisdiction (AOJ) awarded service connection for a left shoulder disability and for right and left upper extremity carpal tunnel with degenerative arthritis, respectively.  

CONCLUSION OF LAW

There being no justiciable case or controversy, the issues of entitlement to service connection for a bilateral wrist disability and for a left shoulder disability are dismissed.  38 U.S.C. § 7105.  

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from September 1997 to January 2017 and her decorations include the Afghanistan Campaign Medal.

The Board acknowledges that an August 2020 rating decision awarded service connection for right and left upper extremity carpal tunnel with degenerative arthritis.  The Veteran was notified of the determination and of her appellate rights in an August 27, 2020, letter, which included seeking a request for Higher Level Review.  One day after receiving notice of the decision, on August 28, 2020, the Veteran filed a timely VA Form 20-0996 (Decision Review Request: Higher-Level Review) regarding the ratings assigned for her right and left upper extremity carpal tunnel.  

In a January 2021 VA letter, the RO acknowledged the Veteran's VA Form 20-0996, "Decision Review Request: Higher-Level Review," but advised her that her request was incomplete because the ratings assigned for the right and left upper extremity carpal tunnel were pending under the Legacy appeal system and she had not checked the box indicating that she wished to opt-in from an SOC (Statement of the Case) or SSOC (Supplemental Statement of the Case).

As will be explained below, only entitlement to service connection for right and left upper extremity carpal tunnel with degenerative arthritis (characterized as a bilateral wrist disability) was pending under the legacy appeal system.  However, once such benefit was awarded by the AOJ in the August 2020 rating decision, the legacy appeal system claim for service connection for a bilateral wrist disability was no longer pending and any challenge to the evaluation assigned by the RO represents an initial decision on or after the effective date of the modernized review system, i.e., on or after February 19, 2019.  38 C.F.R. § 19.2(b).  As such, this claim may not be adjudicated in as a Legacy appeal.  Id.  To date, however, the August 2020 Higher-Level Review request for initial increased ratings for right and left upper extremity carpal tunnel has not been processed by the AOJ.  

In the June 2017 rating decision on appeal, the AOJ denied entitlement to service connection for a bilateral wrist disability and for a left shoulder disability.  In a December 2019 rating decision, the AOJ awarded service connection for a left shoulder disability, rated 20 percent disabling, effective from February 1, 2017.  And, as already has been noted above, in an August 2020 rating decision, the AOJ awarded service connection for right and left upper extremity carpal tunnel, each rated 10 percent disabling, effective from February 1, 2017.  

These grants represent complete grants of the benefits sought with regard to these issues and discussion of whether the Veteran is entitled to service connection for a bilateral wrist disability and for a left shoulder disability is not warranted.  Barrera v. Gober, 122 F.3d 1030, 1032 (Fed. Cir. 1997); Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997).  Accordingly, the issues of entitlement to service connection for a bilateral wrist disability and for a left shoulder disability must be dismissed as the benefits sought on appeal are already in effect.  Id; see also Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991).

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Marley, 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.