Citation Nr: 18158346
Decision Date: 12/18/18	Archive Date: 12/14/18

DOCKET NO. 14-39 855
DATE:	December 18, 2018
ORDER TO VACATE
The October 2018 Board decision is vacated. 
FINDINGS OF FACT
1. In August 2018, the Veteran appealed a May 2018 Board decision denying both issues on appeal.
2. In October 2018, the Board issued a subsequent decision, again denying both issues on appeal.  
CONCLUSION OF LAW
At the time it issued its October 2018 decision, the Board did not have jurisdiction over the issues it adjudicated.  See 38 U.S.C. § 7104.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
On May 23, 2018, the Board issued a decision denying entitlement to service connection for a right knee disorder and for a back disorder, both to include as secondary to a service-connected left knee disorder.  
In September 2018, the Veteran’s representative submitted a motion to vacate the May 2018 decision based on newly submitted evidence.  The following October, the Board vacated its May 2018 decision and issued a new one considering evidence that had not been addressed in its May 2018 decision.  
However, in August 2018, prior to the motion to vacate mentioned above, the Veteran filed a Notice of Appeal to the Court of Appeals for Veterans Claims (CAVC).  Because the May 2018 decision had already been appealed to the CAVC, the Board did not have jurisdiction to vacate and re-issue its May 2018 decision.  Because the Board did not have jurisdiction over this appeal in October 2018, its October 2018 decision is vacated.
 
B.T. KNOPE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Z. Maskatia, Associate Counsel