Citation Nr: 18159333
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 17-02 794
DATE:	December 18, 2018
ORDER
Entitlement to a rating in excess of 30 percent for coronary artery disease status post coronary artery bypass grafting (CABG) is dismissed.
Entitlement to an effective date prior to February 1, 2016, for the award of a 30 percent rating for CABG is dismissed.
FINDING OF FACT
In January 2018, the Rating Decision granted a 100 percent rating for CABG, effective May 1, 2013.
CONCLUSION OF LAW
There being no justiciable case or controversy, the Veteran’s appeal is dismissed. 38 U.S.C. § 7105 (2012).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from July 1967 to July 1969, including combat service in the Republic of Vietnam and his decorations include the Combat Infantryman Badge.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal of March 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
Entitlement to a rating in excess of 30 percent for CABG
Entitlement to an effective date prior to February 1, 2016, for the award of a 30 percent rating for CABG.
Historically, in a March 2011 rating decision, the RO granted service connection for ischemic heart disease and assigned a 10 percent rating under Diagnostic Code 7005, effective December 19, 2007, and a 100 percent schedular rating under Diagnostic Code 7005, which was not based on surgery or convalescence, effective February 25, 2011.
Service connection for ischemic heart disease was subsequently severed by the RO, and the Board agreed in an March 2016 decision, which was appealed to the United States Court of Appeals for Veterans Claims.
On appeal, VA’s General Counsel settled the case and agreed to restore service connection for ischemic heart disease and the 100 percent rating, effective May 1, 2013.  The General Counsel also agreed to restore SMC at the housebound rate effective May 1, 2013.
In January 2018, the RO restored service connection for ischemic heart disease, now characterized as CABG, and assigned a 100 percent rating, effective May 1, 2013, as well as SMC at the housebound rate.
Thus, as the Veteran is in receipt of the benefits sought, that is, the maximum schedular rating for a heart disorder from May 1, 2013, the date entitlement was previously severed, there remains no case or controversy for the Board to decide and the appeal is moot.  Indeed, the Board is bound by the terms of VA General Counsel’s Stipulated Agreement.
 
STEVEN D. REISS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Joshua Castillo, Counsel