Citation Nr: 18153281
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 15-42 191
DATE:	November 27, 2018
ORDER
The propriety of the reduction of major depressive disorder, now diagnosed as post-traumatic stress disorder (PTSD), from 70 percent to 50 percent is dismissed.
FINDINGS OF FACT
1. A March 2012 rating decision granted service connection for major depressive disorder (now diagnosed as PTSD) and assigned a 70 percent rating, effective from January 31, 2012.
2. A February 2015 rating decision reduced the rating assigned for the Veteran’s major depressive disorder from 70 percent to 50 percent, effective January 23, 2015.
3. A November 2018 rating decision restored the 70 percent rating assigned for the Veteran’s PTSD, effective from January 31, 2012.  
CONCLUSION OF LAW
There is no alleged specific error of fact or law with regard to the Veteran’s major depressive disorder, now diagnosed as PTSD, reduction appeal. 38 U.S.C. § 7105 (d)(5) (2012). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the Marine Corps from August 2006 to January 2012.  This matter comes before the Board from a February 2015 rating decision which reduced the Veteran’s rating for major depressive disorder, now diagnosed as PTSD, from 70 percent to 50 percent. 
1. The propriety of the reduction of major depressive disorder from 70 percent to 50 percent
When there is no case or controversy, or when a once live case or controversy becomes moot, the Board lacks jurisdiction. See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992); Mokal v. Derwinski, 1 Vet. App. 12, 15 (1990).
A March 2012 rating decision granted service connection for major depressive disorder (now diagnosed as PTSD) and assigned a 70 percent rating, effective from January 31, 2012. A February 2015 rating decision reduced the rating assigned for the Veteran’s major depressive disorder from 70 percent to 50 percent, effective January 23, 2015. In a November 2018 rating decision, the RO granted/restored the 70 percent rating for Veteran’s major depressive disorder, now diagnosed as PTSD. An effective date of January 31, 2012 was assigned, which was the date of the original award.  
Given that the 70 percent rating restoration sought by the Veteran has been granted, there is no “controversy” or “issue” currently before the Board as the claim has been resolved in the Veteran’s favor. See Shoen v. Brown, 6 Vet. App. 456, 457 (1994).
The law provides that the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105 (d)(5) 

(2012). As the Veteran has received a full grant of the benefit sought, for Veteran’s major depressive disorder, now diagnosed as PTSD, there remains no error of fact or law for the Board to address, and the appeal must be dismissed. 
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Rekowski, Associate Counsel