Citation Nr: 23027252 Decision Date: 05/08/23 Archive Date: 05/08/23 DOCKET NO. 19-22 411A DATE: May 8, 2023 ORDER Entitlement to service connection for right lower extremity peripheral neuropathy is dismissed. Entitlement to service connection for left lower extremity peripheral neuropathy is dismissed. FINDINGS OF FACT 1. Service connection for right lower extremity peripheral neuropathy was granted in a May 2020 rating decision. 2. Service connection for left lower extremity peripheral neuropathy was granted in a May 2020 rating decision. CONCLUSIONS OF LAW 1. The criteria for dismissing the issue of service connection for right lower extremity peripheral neuropathy have been met. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 20.104. 2. The criteria for dismissing the issue of service connection for left lower extremity peripheral neuropathy have been met. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 20.104. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service in the Navy from July 1971 to April 1976. This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for right lower extremity peripheral neuropathy is dismissed. 2. Entitlement to service connection for left lower extremity peripheral neuropathy is dismissed. As a general matter, the grant of a claim of service connection constitutes an award of full benefits sought on an appeal of the denial of a service connection claim. See Seri v. Nicholson, 21 Vet. App. 441, 447 (2007). Where an appealed claim for service connection is granted during the pendency of the appeal, a second notice of disagreement must thereafter be timely filed to initiate appellate review of "downstream" issues such as the compensation level assigned for the disability or the effective date of service connection. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). Without an issue on appeal, the Board does not have jurisdiction. 38 U.S.C. § 7104; 38 C.F.R. § 20.104; see Barrera v. Gober, 122 F.3d 1030, 1032 (Fed. Cir. 1997). In the October 2018 rating decision on appeal, the RO reopened and denied entitlement to service connection for right lower extremity peripheral neuropathy and left lower extremity peripheral neuropathy. In March 2019, the Veteran submitted a notice of disagreement appealing the denials. Although the Veteran indicated on his NOD that the area of disagreement was the evaluation of the disabilities, the evaluation was not at issue as the October 2018 rating decision denied service connection for the Veteran's peripheral neuropathy of the left and right lower extremities. A June 2019 Statement of the Case denied service connection for the Veteran's peripheral neuropathy of the left and right lower extremities. The Veteran appealed the denials in an August 2019 substantive appeal. In a May 7, 2020 rating decision, the RO granted service connection for the Veteran's peripheral neuropathy of the left and right lower extremities. This constitutes a full grant of the issues on appeal. If the Veteran wishes to appeal for a higher rating or earlier effective date, those are "downstream" issues that would need to be separately appealed to the Board. The Board acknowledges that the RO issued a supplemental statement of the case (SSOC) on May 7, 2020, the date of the rating decision that granted service connection for the Veteran's peripheral neuropathy of the left and right lower extremities. The May 2020 SSOC addressed entitlement to the grant of service connection prior to July 8, 2019 for the Veteran's peripheral neuropathy of the left and right lower extremities. This SSOC was issued in error, as the issue of an earlier effective date assigned for a service-connected disability is a downstream issue of the prior service connection claim and must be separately appealed. See Vargas-Gonzalez v. Principi, 15 Vet. App. 222, 228-29 (2001). (Continued on the next page) ? The Veteran's August 2019 substantive appeal that was certified to the Board on May 15, 2020 appealed the issues of service connection for the Veteran's peripheral neuropathy of the left and right lower extremities. However, there are no remaining allegations of error of fact or law for appellate consideration as to these certified issues such that the Board has no jurisdiction to review them. Thus, the issues of service connection for right lower extremity peripheral neuropathy and left lower extremity peripheral neuropathy have been granted in full and must be dismissed by the Board. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Moore, 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.