Citation Nr: 19129239
Decision Date: 04/16/19	Archive Date: 04/15/19

DOCKET NO. 18-16 564
DATE:	April 16, 2019

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed as moot.

FINDING OF FACT

A TDIU was previously granted by the Board in a December 2018 decision.

CONCLUSION OF LAW

The appeal for entitlement to a TDIU is dismissed as moot. 38 U.S.C. § 7105 (d)(5) (2012); 38 C.F.R. § 4.16 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from August 2002 to October 2004.

This case comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2017 decision by a Department of Veterans Affairs (VA) Regional Office (RO).

During the pendency of this appeal, entitlement to a TDIU was granted in a December 2018 Board decision, thereby constituting a full grant of the benefits sought on appeal – at least as concerning this claim.

Entitlement to a TDIU

The Board's jurisdiction is predicated upon an appeal having been filed on an issue or issues in controversy. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.7, 20.101.

As the Board already has awarded the Veteran a TDIU in the prior December 2018 decision mentioned, the issue of entitlement to a TDIU has been rendered moot.  As there remains no case or controversy concerning whether the Veteran is entitled to this benefit sought, the appeal for this TDIU benefit must be dismissed since there is no remaining case or controversy within the Board's jurisdiction as relating to this TDIU claim. 38 U.S.C. § 7105(d)(5).  

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	D. Baronofsky Associate Counsel