Citation Nr: 20054952
Decision Date: 08/19/20	Archive Date: 08/19/20

DOCKET NO. 15-06 784
DATE: August 19, 2020

ORDER

Entitlement to service connection for type II diabetes mellitus is dismissed.

FINDING OF FACT

In an April 2020 rating decision, prior to the promulgation of a decision in the appeal, the agency of original jurisdiction (AOJ) granted service connection for type II diabetes mellitus.  There is no longer a case or controversy with respect to the appeal.  

CONCLUSION OF LAW

The appeal is dismissed.  38 U.S.C. § 7104, 7105; 38 C.F.R. § 20.101, 20.200, 20.202, 20.204.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1968 to July 1970.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision.

The Veteran testified at a hearing before the undersigned Veterans Law Judge in July 2018.  A transcript is of record.

In October 2018, the Board remanded the case for further development.  The case has since been returned to the Board for appellate review.  

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.  In an April 2020 rating decision, the AOJ granted service connection for type II diabetes mellitus.  Thus, the issue on appeal to the Board is rendered moot.  In other words, there is no case or controversy.  Accordingly, the Veteran’s appeal is dismissed.  

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.