Citation Nr: 21002174
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 18-42 624
DATE: January 12, 2021

ORDER

Entitlement to service connection for facial scarring is dismissed.

FINDING OF FACT

The issue of entitlement to service connection for facial scarring was decided in an October 2020 rating decision.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for facial scarring have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Army from September 1961 to September 1964.  See DD Form 214 Certificate of Release or Discharge From Active Duty.

This matter was previously remanded by the Board in April 2020.  See April 2020 BVA Decision.  

1. Entitlement to service connection for right-sided facial scarring

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. 

As noted above, the issue of entitlement to service connection for right-sided fascial scarring was remanded by the Board in April 2020.  See April 2020 BVA Decision.  Subsequently, in an October 2020 rating decision, service connection was granted for right sided facial scarring.  See October 2020 Notification Letter.  As a result of the RO’s grant of the claim, this claim is dismissed as a matter of law, as there remains no case or controversy, or dispute of fact or law, regarding the issue.  See 38 U.S.C. § 7105.  The benefit sought on appeal was granted.  The claim is therefore dismissed.

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.