Citation Nr: 18145145
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 09-46 873
DATE:	October 26, 2018
ORDER
The claim of entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) is dismissed.
 
FINDING OF FACT
There is currently no justiciable case or controversy for active consideration by the Board on the issues of entitlement to a TDIU, as that matter was granted in a March 2017 rating decision.
CONCLUSION OF LAW
As the benefit sought on appeal has been granted, the issue of entitlement to a TDIU is dismissed. 38 U.S.C. §§ 511, 7104, 7105; 38 C.F.R. §§ 19.35, 20.101(d), 20.200, 20.201, 20.202, 20.302
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the U.S. Air Force from April 1971 to April 1975.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York.
In December 2016, the Board remanded the claim to a TDIU for the RO to obtain a medical opinion regarding the combined effects of the Veteran’s service-connected disabilities on his ability to work.  The Veteran has indicated that he last worked on September 30, 2016, and became too disabled to work on October 1, 2016.  In March 2017, the RO issued a rating decision that granted a TDIU with an effective date of October 1, 2016, the day after the evidence shows the Veteran was last employed.  The representative brief indicates that the Veteran’s appeal for entitlement to a TDIU has been granted and the effective date assigned is the correct effective date based on the information provided by the Veteran.
It is a well-established judicial precedent that when there is no case or controversy, or when a once live case or controversy becomes moot, the Court lacks jurisdiction. See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992).
As noted above, following the December 2009 appeal, the RO granted entitlement to a TDIU, effective October 1, 2016.  In light of the above, there is no case or controversy currently before the Board as the claim for a TDIU has been resolved entirely in the Veteran’s favor. Consequently, the appeal with respect to a TDIU must be dismissed.
 
D. JOHNSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Lauritzen, Associate Counsel