Citation Nr: 20046096
Decision Date: 07/09/20	Archive Date: 07/09/20

DOCKET NO. 12-34 554
DATE: July 9, 2020

ORDER

The claim of entitlement to service connection for a back disability is dismissed.

FINDING OF FACT

In August 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Regional Office that entitlement to service connection for a back disability had been established.

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for a back disability have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service with the United States Army from October 1980 to October 1984.  The instant matter is on appeal from a December 2008 rating decision.

In April 2018, the Veteran appeared before a Veterans Law Judge and withdrew a number of issues previously on appeal.  In April 2019, the Board remanded the claim of entitlement to service connection for a back disability, which was subsequently granted by the Regional Office in August 2019. 

1. The claim of entitlement to service connection for a back disability

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 (2012).  In the present case, prior to certification to the Board, the Veteran was granted entitlement to service connection for a back disability.  No other disabilities remain on appeal.

Accordingly, there is no justiciable case or controversy before the Board, and the issue is dismissed.  38 U.S.C. § 7105.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.