Citation Nr: 18142669
Decision Date: 10/16/18	Archive Date: 10/16/18

DOCKET NO. 16-17 773
DATE:	October 16, 2018
ORDER
Entitlement to an effective date before March 6, 2002 for the award of service connection for bipolar disorder is dismissed.
Entitlement to an effective date before March 6, 2002 for the award of service connection for right shoulder osteoarthritis is dismissed.
Entitlement to an effective date before March 6, 2002 for the award of service connection for right shoulder scar is dismissed.
Entitlement to an effective date before March 6, 2002 for the establishment of eligibility to Dependents’ Educational Assistance is dismissed.
Entitlement to an effective date before April 1, 2014 for the establishment of additional compensation for the Veteran’s spouse is dismissed.
FINDINGS OF FACT
1. On June 16, 2016, the Board issued a final decision as to the issue of entitlement to an effective date before March 6, 2002 for the award of service connection for bipolar disorder.
2. On June 16, 2016, the Board issued a final decision as to the issue of entitlement to an effective date before March 6, 2002 for the award of service connection for right shoulder osteoarthritis.
3. On June 16, 2016, the Board issued a final decision as to the issue of entitlement to an effective date before March 6, 2002 for the award of service connection for right shoulder scar.
4. On June 16, 2016, the Board issued a final decision as to the issue of entitlement to an effective date before March 6, 2002 for the establishment of eligibility to Dependents’ Educational Assistance.
5.  On June 16, 2016, the Board issued a final decision as to the issue of entitlement to an effective date before April 1, 2014 for the establishment of additional compensation for the Veteran’s spouse.
CONCLUSION OF LAW
There remains no case or controversy for appellate consideration with respect to the effective date claims for the provision of VA benefits over which the Board may currently exercise jurisdiction. 38 U.S.C. §§ 5107, 7104 (2012); 38 C.F.R. §§ 19.4, 19.5, 20.101 (2017). 
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty in the United States Marine Corps from August 1977 to July 1982. For this first period of service, he received an “other than honorable” discharge that has previously been determined not to be a bar to the receipt of VA benefits. He also served on active duty in the United States Army from March 1987 to August 1988.

Effective Date Claims
The effective date claims listed above were previously decided by the Board on June 16, 2016. Board decisions become final when they are issued, although the Veteran may elect to file a timely appeal to the Court of Appeals for Veterans Claims. In the present case, the Veteran filed no such appeal.  
At the time that the effective date claims were denied in June 2016, an additional issue regarding an increased rating claim for a right shoulder disability was remanded for additional evidentiary development. In response to a notification letter about the increased rating appeal in January 2017, the Veteran submitted a statement in February 2017 that the issues on appeal were incorrect, citing that the issues should include “entitlement for an Earlier Effective date for a 100 percent evaluation based on the shoulder and the mental condition retroactive to 1988.” Veteran’s statement, February 2017 . The Veteran incorrectly stated this alleged pending claim had not been worked. 
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In June 2018, the Veteran’s representative then submitted an appellate brief on each of the five earlier effective date claims listed above. However, the Board must make all determinations of appellate jurisdiction, and finds that in this case there remains no question of fact or law on appeal properly perfected before the Board. As such, the appeals must be dismissed. 38 U.S.C. § 7104(b).
 
K. J. ALIBRANDO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. McDonald