Citation Nr: 20045068
Decision Date: 07/07/20	Archive Date: 07/07/20

DOCKET NO. 13-06 285
DATE: July 7, 2020

ORDER

The appeal as to the issue of entitlement to Dependency and Indemnity Compensation (DIC) based on service connection for cause of the Veteran’s death is dismissed.

FINDING OF FACT

The Veteran was awarded DIC pursuant to 38 U.S.C. § 1151 in a February 2020 rating decision.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted in full, there remains no question of law or fact involving the claim of entitlement to DIC based on service connection for the cause of the Veteran’s death, and the appeal as to this issue is therefore dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1966 to April 1969, to include service in the Republic of Vietnam.  His decorations included the Purple Heart.  He died in November 2007.  The appellant is his surviving spouse. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In November 2016, the Board remanded the matter in order to schedule a Board hearing.  In March 2017, the appellant and her daughter testified before the undersigned Veterans Law Judge.  In July 2018, the Board requested the opinion of a medical specialist from the Veterans Health Administration (VHA), which was provided in October 2018.  

The Board remanded this matter in June 2019 for additional development. 

Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 

Here, in a February 2020 rating decision, the RO awarded the appellant DIC benefits pursuant to 38 U.S.C. § 1151.

The RO’s award of DIC pursuant to 38 U.S.C. § 1151 constitutes a complete grant of the benefit sought on appeal with respect to this claim.  Notably, under 38 U.S.C. § 1151, dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected.  38 U.S.C. § 1151 (Emphasis added).  Accordingly, the appellant’s appeal as to this matter has been rendered moot by the RO’s award of DIC under 38 U.S.C. § 1151, and there is no case or controversy to be resolved. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997). 

Therefore, for reasons outlined above, the appeal is dismissed. 38 U.S.C. § 7105 (d)(5).

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Forde, 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.