Citation Nr: 20022064
Decision Date: 03/30/20	Archive Date: 03/30/20

DOCKET NO. 15-14 631A
DATE: March 30, 2020

ORDER

The appeal of entitlement to special monthly compensation based on loss of use of the left eye (SMC) is dismissed.

FINDING OF FACT

There is no case or controversy before the Board regarding the Veteran’s claim for SMC.

CONCLUSION OF LAW

As there is no case or controversy within the Board’s jurisdiction, the Veteran’s claim for SMC is dismissed.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 1952 to April 1954.

The Veteran’s representative withdrew representation of the Veteran in February 2020.  The Veteran is currently unrepresented in this appeal.

In August 2017, the Board denied the claim, which the Veteran appealed to the United States Court of Appeals for Veterans Claims (“CAVC” or “the Court”).  In April 2018, the Court issued an order that vacated the Board decision and remanded the claim for compliance with a Joint Motion for Remand (JMR).  In August 2018, the Board remanded the claim for further development.

In a January 2020 rating decision, the Veteran was granted SMC, the date the Veteran’s claim for SMC was received by VA.  As such, this is considered to be a total grant of benefits sought.

Upon review of this matter, the Board concludes that there is no case or controversy within the Board’s jurisdiction as the Veteran has been granted SMC.

The Board notes that following the grant of SMC, the AOJ issued a supplemental statement of the case in January 2020 that purported to be in connection with the SMC issue remanded by the Board.  The supplemental statement of the case, however, instead identified the issue as entitlement to an increased rating for the Veteran’s left eye disorder.  No such issue is on appeal. 

As there is no case or controversy within the Board’s jurisdiction, the Board must dismiss this matter.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.