Citation Nr: 20003013
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 16-35 202A
DATE: January 14, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

1. Pursuant to a September 2019 Rating Decision, the Veteran’s claim of entitlement to service connection for a seizure disorder, to include as secondary to the Veteran’s service-connected cervical spine disability was granted.  An evaluation of 20 percent disabling was assigned, effective November 4, 2014.  Therefore, the claim for service connection is dismissed as moot.

2. Pursuant to a September 2019 Rating Decision, the Veteran’s claim of entitlement to special monthly compensation (SMC) based on the need for aid and attendance was granted.  An effective date of November 26, 2013 was assigned. Therefore, the claim is dismissed as moot.

CONCLUSION OF LAW

1. The criteria for establishing entitlement to service connection for a seizure disorder, to include as secondary to the Veteran’s service-connected cervical spine disability is dismissed as moot.  38 U.S.C. § 7105 (b)(2), (d)(5) (2014); 38 C.F.R. § 20.204 (2018).

2. The criteria for establishing entitlement to special monthly compensation (SMC) based on the need for aid and attendance is dismissed as moot.  38 U.S.C. § 7105 (b)(2), (d)(5) (2014); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service with the United States Army from September 1988 to September 1993.

As a preliminary matter, the Board observes that a September 2019 rating decision granted the above referenced.  Based upon the forgoing, the noted issues have become moot and are no longer before the Board.

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 (2014).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205(2018).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205 (2018).  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Whitaker, 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.