Citation Nr: 20041896
Decision Date: 06/19/20	Archive Date: 06/19/20

DOCKET NO. 15-01 241
DATE: June 19, 2020

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In a June 2020 rating decision, the RO granted entitlement to a TDIU, effective November 16, 2012.

CONCLUSION OF LAW

As the June 2020 rating decision granted entitlement to a TDIU, there remains no case or controversy over this issue affecting the provision of benefits by VA over which the Board may exercise jurisdiction.  38 U.S.C. §§ 511, 5107, 7104; 38 C.F.R. §§ 19.4, 19.5, 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1961 to July 1965 and November 1965 to June 1969.

This matter was initially denied in a February 2014 rating decision.

In May 2018, the Board remanded the claim for TDIU and service connection for headaches.  In November 2019, the RO granted service connection for tension headaches.  This issue is no longer in appellate status.

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 a June 2020 rating decision, the RO granted entitlement to a TDIU, effective November 16, 2012.  The Board finds that as a TDIU has been granted, there is no longer any case or controversy pending before the Board 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 relating entitlement to a TDIU must be dismissed.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.