Citation Nr: 20008096
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 16-46 656
DATE: January 30, 2020

ORDER

The appeal for entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depressive disorder, is dismissed.  

The appeal for entitlement to service connection for lower left extremity peripheral neuropathy is dismissed.  

FINDINGS OF FACT

1. The issues of entitlement to service connection for an acquired psychiatric disorder and lower left extremity peripheral neuropathy were previously decided in an August 2018 Board decision.  

2. Absent an appeal of the August 2018 Board decision, or request for reconsideration of this decision, there is currently no remaining justiciable case or controversy for active consideration by the Board as concerning the claims of entitlement to service connection for an acquired psychiatric disorder and lower left extremity peripheral neuropathy.  

CONCLUSIONS OF LAW

1. The criteria for dismissing the issue of entitlement to service connection for an acquired psychiatric disorder, to PTSD and depressive disorder, have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.1100.  

2. The criteria for dismissing the issue of entitlement to service connection for lower left extremity peripheral neuropathy have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.1100.  

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had honorable active duty service with the United States Marine Corps from November 1966 to October 1969.  

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

These matters were previously before the Board.  In August 2018, the Board granted entitlement to service connection for an acquired psychiatric disorder and denied entitlement to service connection for lower left extremity peripheral neuropathy.  As the issues on appeal have been previously decided by the Board, they are dismissed.  The Board notes that its previous August 2018 decision is a final and binding determination, as the Veteran did not appeal this decision to the United States Court of Appeals for Veterans Claims (Court).  There also is no indication that he filed a motion for reconsideration of this Board decision.  

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The Veterans Appeals Control and Locator System (VACOLS) indicates that the issues of entitlement to service connection for an acquired psychiatric disorder and lower left extremity peripheral neuropathy are on appeal.  Nevertheless, these issues were previously adjudicated by the Board in August 2018.  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.  Therefore, there remains no issue for the Board to dispose of on appeal, and the appeal 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.