Citation Nr: 25008239 Decision Date: 06/23/25 Archive Date: 06/23/25 DOCKET NO. 16-56 982 DATE: June 23, 2025 ORDER Entitlement to an extraschedular rating in excess of 60 percent for total left knee replacement from December 1, 2020, is dismissed. Entitlement to an evaluation in excess of 20 percent prior to October 28, 2019, for service-connected left knee ligamentous laxity, post-operative removal medial meniscus trauma is dismissed. Entitlement to a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) is dismissed. FINDING OF FACT The Veteran died in March 2025. CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to an extraschedular rating in excess of 60 percent for total left knee replacement from December 1, 2020, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of entitlement to an evaluation in excess of 20 percent prior to October 28, 2019, for service-connected left knee ligamentous laxity, post-operative removal medial meniscus trauma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for dismissal of entitlement to a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran had active service from July 1980 to July 1984. This case comes to the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which is the Agency of Original Jurisdiction (AOJ). In February 2021, the Veteran testified at a Board hearing conducted by the undersigned Veterans Law Judge (VLJ) via videoconferencing equipment. A transcript of the hearing is associated with the electronic claims file. The matters were previously before the Board in April 2021 and November 2022. In November 2022 the Board denied an increased rating in excess of 60 percent from December 1, 2020, for total left knee replacement with history of laxity and medial meniscus removal, on a schedular basis. The Board also remanded entitlement to an evaluation in excess of 20 percent prior to October 8, 2019, for service-connected left knee ligamentous laxity, post-operative removal medical meniscus trauma, and further remanded entitlement to an increased rating in excess of 60 percent from December 1, 2020, for total left knee replacement with history of laxity and medial meniscus removal, on an extraschedular basis. In November 2023, the case returned to the Board. The Board denied entitlement to an extraschedular rating in excess of 60 percent for total left knee replacement, with history of laxity and medial meniscus removal, from December 1, 2020. The Board also remanded entitlement to an evaluation in excess of 20 percent prior to October 28, 2019, for service-connected left knee ligamentous laxity, post-operative removal medial meniscus trauma and entitlement to a total evaluation based on individual unemployability due to service-connected disabilities (TDIU). Following the Board's decision, the Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). The parties entered into a joint motion for remand regarding the denial of the Veteran's claim for entitlement to an extraschedular rating in excess of 60 percent for a total left knee replacement. The parties agreed that this portion of the decision would be vacated and readjudicated by the Board. Dismissal 1. Entitlement to an extraschedular rating in excess of 60 percent for total left knee replacement from December 1, 2020 2. Entitlement to an evaluation in excess of 20 percent prior to October 28, 2019, for service-connected left knee ligamentous laxity, post-operative removal medial meniscus trauma 3. Entitlement to a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) Unfortunately, the Veteran died during the pendency of the appeal. Therefore, as a matter of law, the Board cannot issue a decision on the underlying claims at this time and must dismiss this appeal. 38 C.F.R. § 20.1302(a). The Board's dismissal does not affect the right of an eligible person to take the Veteran's place to continue the appeal on the pending claims. This process, known as substitution, must be requested within one year of the Veteran's death. 38 C.F.R. § 3.1010(a), (b). Individuals who may be eligible for substitution include the Veteran's surviving spouse, dependent children, dependent parents, and those who bore the expenses of last sickness or burial. 38 C.F.R. §§ 3.1000(a), 3.1010(a). Here, there is no indication that VA received a request for substitution. Accordingly, the current appeal is dismissed Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Rescan, 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.