Citation Nr: 20007774
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 17-13 327
DATE: January 29, 2020

ORDER

Entitlement to service connection for an acquired psychiatric disability is dismissed as moot.

FINDING OF FACT

VA has already granted the Veteran’s service connection claim for posttraumatic stress disorder (PTSD) with major depressive disorder (MDD) and alcohol use disorder and assigned a 100 percent disability rating. 

CONCLUSION OF LAW

The appeal of the service connection claim for an acquired psychiatric disability is moot. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1980 to February 1983.  This appeal comes before the Board from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge in December 2019. A transcript of this hearing is of record. The Veteran testified at her hearing that she was requesting an earlier effective date for her now service-connected acquired psychiatric disability.  The Veteran was advised at the time of the hearing that she needed to file a notice of disagreement with the effective date assigned by an August 2019 rating decision.  As the Veteran has not yet appealed the issue of the effective date assigned for this disability, it is not before the Board at this time. 

1. Entitlement to service connection for an acquired psychiatric disability.

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101.  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(d).

A review of the record shows that, while the Veteran’s appeal of the July 2015 rating decision was pending, an August 2019 rating decision was issued pursuant to an April 2019 claim the Veteran filed for the same issue under the new framework found under the Appeals Modernization Act (AMA).  This August 2019 rating decision granted the Veteran’s claim of entitlement to service connection for an acquired psychiatric disability.  This constitutes a full grant of the benefit sought on appeal.  Accordingly, the Veteran’s claim currently on appeal is moot because the benefit sought on appeal has already been granted. Based on the foregoing, the Board finds that the issue of entitlement to service connection for an acquired psychiatric disability should be dismissed as already granted and there is no justiciable case or controversy before the Board at this time with respect to this claim.  38 U.S.C. § 7105(d).

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. M. Clark, 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.