Citation Nr: 18156895
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 16-45 226
DATE:	December 11, 2018
ORDER
The appeal seeking to reopen the claim of entitlement to service connection for Leber’s optic atrophy based on the submission of new and material evidence is dismissed.
FINDING OF FACT
1. In a December 2018 decision, the Board found its March 17, 1980 decision denying entitlement to service connection for Leber’s optic atrophy to be clearly and unmistakably erroneous.
2. The issue of whether new and material evidence has been received to reopen the claim for entitlement to service connection for Leber’s optic atrophy has been rendered moot, as a result of the Board’s December 2018 decision.
CONCLUSION OF LAW
The issue of whether new and material evidence has been received to reopen the claim for entitlement to service connection for Leber’s optic atrophy has been rendered moot by the Board’s finding that its March 1980 decision was clearly and unmistakably erroneous, leaving no question of fact or law to be decided by the Board. 38 U.S.C. §§ 7104 (a), 7105.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from August 1973 to September 1976.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
(As noted herein, the issue of whether there was clear and unmistakable error in a March 17, 1980 Board decision that denied service connection for Leber’s optic atrophy is addressed in a separate decision.)
Whether new and material evidence has been received to reopen the claim of entitlement to service connection for Leber's optic atrophy.
The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. In a December 2018 decision (that will be issued concurrently with this decision), the Board found its March 1980 decision which denied service connection for Leber’s optic atrophy to be clearly and unmistakably erroneous and thus awards service connection for Leber’s optic atrophy. See 38 U.S.C. § 5109A, 38 C.F.R. § 3.105. Since such action represents a complete grant of benefits as to the issue on appeal, there remains no questions of fact or law for the Board to decide. Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed. See 38 U.S.C. § 7104(a).



(Continued on next page)
 
A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Alexander, Associate Counsel