Citation Nr: 21062297
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 18-29 471
DATE: October 6, 2021

ORDER

Entitlement to service connection for hypertension, as secondary to service-connected diabetes mellitus, type II is dismissed.

FINDING OF FACT

The issue of entitlement to service connection for hypertension was granted in a December 2020 rating decision. 

CONCLUSION OF LAW

The criteria for dismissal of service connection for hypertension, as secondary to service-connected diabetes mellitus, type II have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1969 to September 1971, with confirmed service in the Republic of Vietnam.

In March 2020, the Veteran presented testimony during a Board hearing before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file.

The matter was previously remanded by the Board in May 2020.  

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, in May 2020, the Board remanded the claim of entitlement to service connection for hypertension.  Subsequently, on remand in a December 2020 rating decision, the Regional Office (RO) granted the Veteran's claim of entitlement to service connection for hypertension and assigned an initial rating of 10 percent effective from April 10, 2018.  

As a result of the RO's full grant of the appeal, 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 is granted. 

Accordingly, the claim is therefore dismissed. 

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.