Citation Nr: 21063333
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 16-29 172
DATE: October 14, 2021

ORDER

The appeal for entitlement to service connection for diabetes mellitus is dismissed as moot.

The appeal for entitlement to service connection for multiple sclerosis is dismissed as moot.

The appeal for entitlement to service connection for neuromyelitis optica is dismissed as moot.

FINDINGS OF FACT

1. The agency of original jurisdiction (AOJ) granted entitlement to service connection for diabetes mellitus in a December 2020 rating decision.

2. The AOJ granted entitlement to service connection for multiple sclerosis in a December 2020 rating decision.

3. The AOJ granted entitlement to service connection for neuromyelitis optica in a December 2020 rating decision.

CONCLUSIONS OF LAW

1. The Board lacks jurisdiction over the claim of service connection for diabetes mellitus because that claim has been granted and rendered moot. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.20, 20.104, 20.903.

2. The Board lacks jurisdiction over the claim of service connection for multiple sclerosis because that claim has been granted and rendered moot. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.20, 20.104, 20.903.

3. 2. The Board lacks jurisdiction over the claim of service connection for neuromyelitis optica because that claim has been granted and rendered moot. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.20, 20.104, 20.903.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from December 1967 to November 1970.  This matter is on appeal from an April 2014 rating decision and was previously remanded by the Board of Veterans' Appeals (Board) in January 2020. The Veteran testified before the undersigned Veterans Law Judge during an October 2019 hearing.

The appeals for entitlement to service connection for diabetes mellitus, multiple sclerosis, and neuromyelitis optica are dismissed as moot. 

Following the evidentiary development ordered by the Board in a January 2020 remand, the AOJ granted the Veteran entitlement to service connection for diabetes mellitus, multiple sclerosis, and neuromyelitis optica in a December 2020 rating decision.  

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For reasons unclear to the Board, the issues were then re-certified to the Board by the AOJ.  In any event, as a result of the AOJ's favorable action, there no longer remains a case or controversy with respect to the Veteran's service-connection claims for these three disabilities.  As such, the re-certified appeals are rendered moot, and are accordingly dismissed.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Crohe, 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.