Citation Nr: 1319898	
Decision Date: 06/20/13    Archive Date: 07/02/13

DOCKET NO.  09-49 347	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Lincoln, Nebraska



THE ISSUE

Whether the Veteran is competent for the purpose of his direct receipt of VA compensation benefits.



REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

K.S. Hughes, Counsel



INTRODUCTION

The appellant is a Veteran who had active military service from April 2005 to August 2005 and from January 2006 to January 2008.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2009 rating decision by the Department of Veterans Affairs (VA) Lincoln, Nebraska Regional Office (RO) that found the Veteran incompetent to handle the disbursement of funds.


FINDING OF FACT

A May 2012 rating decision by the Lincoln, Nebraska RO restored the Veteran's competency for the purpose of direct receipt of VA compensation benefits; there is no remaining case or controversy in this matter.


CONCLUSION OF LAW

The appeal seeking restoration of the Veteran's competency for the purpose of direct receipt of VA compensation benefits must be dismissed as moot.  38 U.S.C.A. §§ 7104, 7105(d)(5) (West 2002); 38 C.F.R. § 20.101 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

The Veterans Claims Assistance Act of 2000 (VCAA) outlines VA's duties to notify and assist claimants in substantiating their claims for VA benefits.  38 U.S.C.A. §§ 5103, 5103A, 5107, 5126 (West 2002); 38 C.F.R. §§ 3.102, 3.159, 3.326(a) (2012).  Given the disposition herein, the Board finds that any notice defect or assistance omission in this matter is harmless. 

Under 38 U.S.C.A. § 7104, the Board has jurisdiction where there is a question of law or fact necessary to a decision by the Secretary of VA under a law that affects the provision of benefits administered by VA.  See 38 C.F.R. § 20.101.  Under 38 U.S.C.A. § 7105(d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.

As was noted above, the Veteran's competency for the purpose of direct receipt of VA compensation benefits was restored by a May 2012 rating decision of the RO.  Therefore, there is no question of law or fact remaining in this matter.  Accordingly, the appeal in this matter must be dismissed as moot.


ORDER

The appeal seeking restoration of the Veteran's competency for the purpose of direct receipt of VA compensation benefits is dismissed.


____________________________________________
George R. Senyk
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs