Citation Nr: 21063105
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 14-31 217
DATE: October 13, 2021

ORDER

Entitlement to service connection for Parkinson's disease is dismissed.  

FINDING OF FACT

As the award of entitlement to service connection for Parkinson's disease represents a full grant of the benefit sought on appeal, there remains no justiciable case or controversy concerning this claim.

CONCLUSION OF LAW

The Veteran's appeal for entitlement to service connection for Parkinson's disease is dismissed inasmuch as this benefit has been granted. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from June 1966 to July 1969, to include service in the Republic of Vietnam.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a May 2012 rating decision issued by the Department of Veterans Affairs (VA).  

This case was previously before the Board in March 2019, at which time the issue of entitlement to Parkinson's disease was remanded for additional development.  That development has been completed and the case has now been returned to the Board.  

A July 2021 rating decision granted the Veteran's claim for service connection for Parkinson's disease in the form of granting service connection for several separate disabilities as manifestations of his Parkinson's disease, which included a neurocognitive disorder due to Parkinson's disease, head tremors, and right and left upper and lower extremity disabilities due to Parkinson's disease.  Each was assigned an initial rating.  As this decision represents a full grant of the benefits sought with respect to this claim for service connection, such issue is no longer before the Board for consideration. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1977). The Board also notes that Parkinson's disease is rated pursuant to 38 C.F.R. § 4.124a, Diagnostic Code 8004 which provides that this condition is rated based on residuals subject to a minimum rating of 30 percent. The Veteran is in receipt of multiple separate ratings for residuals of his Parkinson's disease and his rating exceeds 30 percent.

The Veteran's representative has stated in the September 2021 brief that the Veteran should be entitled to an earlier effective date for the grant of service connection for Parkinson's disease.  However, such claim has not been filed.  The Board notes that the Veteran may submit a Supplemental Claim with regard to an earlier effective date for the grant of service connection for Parkinson's disease or may file a notice of disagreement (VA Form 10182).  

Entitlement to service connection for Parkinson's disease

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Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 

As mentioned above, this claim has been granted during the pendency of this appeal, there is no remaining justiciable case or controversy concerning this claim, as contemplated by 38 U.S.C. § 7104. Consequently, in the absence of any justiciable question, the appeal of this claim is summarily dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher O'Donnell, 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.