Citation Nr: 20004186
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 14-25 415A
DATE: January 16, 2020

ORDER

Entitlement to service connection for right upper extremity peripheral neuropathy, secondary to service-connected type II diabetes mellitus is dismissed.

Entitlement to service connection for left upper extremity peripheral neuropathy, secondary to service-connected type II diabetes mellitus is dismissed.

FINDING OF FACT

In a February 2019 rating decision, the RO awarded service connection for right and left upper extremity diabetic peripheral neuropathy which was considered a full grant of the benefits sought. 

CONCLUSIONS OF LAW

1. As the February 2019 rating decision awarded service connection for right upper extremity peripheral neuropathy as secondary to service-connected type II diabetes mellitus, there remains no case or controversy over the current issue of entitlement to service connection for right upper extremity peripheral neuropathy, secondary to service-connected type II diabetes mellitus.  38 U.S.C. §§ 511, 5107, 7104 (2012); 38 C.F.R. §§ 19.4, 19.5, 20.101 (2018). 

2. As the February 2019 rating decision awarded service connection for left upper extremity peripheral neuropathy as secondary to service-connected type II diabetes mellitus, there remains no case or controversy over the current issue of entitlement to service connection for left upper extremity peripheral neuropathy, secondary to service-connected type II diabetes mellitus.  38 U.S.C. §§ 511, 5107, 7104 (2012); 38 C.F.R. §§ 19.4, 19.5, 20.101 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from June 1969 to June 1971. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

Service Connection

The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans.  38 U.S.C. § 511(a); 38 C.F.R. § 20.101(a). 

One of the principal functions of the Board is to make determinations of appellate jurisdiction.  38 C.F.R. § 19.4.  The Board may address questions pertaining to its jurisdictional authority to review a particular case or issue.  38 C.F.R. § 20.101(d). 

In November 2018, the Board remanded claims of service connection for right and left upper extremity peripheral neuropathy, secondary to service-connected type II diabetes mellitus for evidentiary development.  Thereafter, in a February 2019 rating decision, the RO awarded service connection for these claims.  Accordingly, with respect to the Veteran’s current claims of entitlement to service connection for right and left upper extremity peripheral neuropathy, secondary to service-connected type II diabetes mellitus that are currently before the Board, there is no longer any case or controversy pending before the Board for these issues as contemplated by 38 U.S.C. §§ 7104, 7105, and 38 C.F.R. § 19.4.  In the absence of any justiciable question, the appeal as to this matter must be dismissed.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Arif Syed, 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.