Citation Nr: 21001951
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 18-15 276
DATE: January 12, 2021

ORDER

The claim for entitlement to a total evaluation based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

An August 2020 rating decision granted the full benefit sought for entitlement to a TDIU, effective December 30, 2016.

CONCLUSION OF LAW

The Board lacks jurisdiction over the claim for entitlement to a TDIU because the full benefit sought on appeal has been granted.  38 U.S.C. § 7105(d)(5).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from September 1973 to September 1975.  During his period of service, he earned the National Defense Service Medal.  

Entitlement to a TDIU

The Veteran submitted an intent to file a claim on December 30, 2016.  In January 2017, the Veteran submitted a formal claim of entitlement to service connection multiple disabilities.  Subsequent to the August 2017 rating decision, the Veteran, through his attorney, filed a timely notice of disagreement (NOD) in March 2018, at which time he requested entitlement to a TDIU.  The claim for TDIU was denied in an April 2019 rating decision.  However, during the pendency of the appeal, the RO granted TDIU in an August 2020 rating decision, effective December 30, 2016.  Therefore, as TDIU has been granted for the entire period on appeal, this constitutes a full grant of the benefit sought on appeal.

Accordingly, the Board finds that the Veteran’s appeal as to this issue has been rendered moot because the benefit sought on appeal has been granted in full.  There remains no question of law or fact for the Board to resolve, and the appeal is dismissed.  38 U.S.C. § 7105(d)(5).

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.