Citation Nr: 20000097
Decision Date: 01/02/20	Archive Date: 01/02/20

DOCKET NO. 14-06 707
DATE: January 2, 2020

ORDER

The appeal for entitlement to service connection for hypertension, to include as secondary to herbicide exposure or service-connected diabetes mellitus, is dismissed.  

FINDING OF FACT

While in remand status, an October 2019 rating decision granted the Veteran’s claim of entitlement to service connection for hypertension.  

CONCLUSION OF LAW

As the benefit sought on appeal with respect to the matter of service connection for hypertension has been granted, there remains no case or controversy as to the issue of entitlement to service connection for hypertension.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.101.  

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service with the United States Army from December 1966 to November 1968, to include service in the Republic of Vietnam from December 1967 to November 1968.  The Veteran received the Vietnam Service Medal and the Vietnam Campaign Medal, among other commendations.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In July 2015 and January 2018, the Board remanded the matter for further development.  While the matter was in remand status, the RO granted the claim of service connection for hypertension in an October 2019 rating decision.  

 

Entitlement to service connection for hypertension, to include as secondary to herbicide exposure or service-connected diabetes mellitus, is dismissed.  

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  In this case, an October 2019 rating decision granted the Veteran’s claim of entitlement to service connection for hypertension.  This action resolved the claim for service connection.  As a result, no case or controversy regarding the matter of service connection for hypertension remains, and there is no remaining allegation of error of fact or law for appellate consideration.  38 U.S.C. § 7105(d)(5).  Accordingly, the Board is without jurisdiction to review the appeal with respect to this matter, and the matter is dismissed.  

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Y. MacDonald, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.