Citation Nr: 20004079
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 16-31 527
DATE: January 16, 2020

ORDER

Entitlement to service connection for residuals of right hand fracture, having been rendered moot, is dismissed.

FINDING OF FACT

The grant of service connection for residuals of right hand fracture in an April 2019 rating decision renders the claim of entitlement to service connection moot.

CONCLUSION OF LAW

The claim of entitlement to service connection for residuals of right hand fracture is moot and is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from August 1962 to August 1966.  This matter is on appeal from November 2014 and July 2015 rating decisions.  The Veteran was scheduled for a hearing before the Board of Veterans’ Appeals (Board) in December 2019, but cancelled the hearing.  

In an April 2019 rating decision, service connection was granted for right thumb, status post-traumatic fracture with arthritis and tenosynovitis; right hand index finger arthritis; right hand long finger arthritis; and right hand little and right hand ring finger arthritis.  This decision constitutes a full grant of the benefits sought on appeal.  As such, the appeal as to the claim for service connection for residuals of right hand fracture is dismissed.  See Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (noting that dismissal is the proper remedy to employ when an appeal has become moot).

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Barstow, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.