Citation Nr: 21064873
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 16-14 773
DATE: October 21, 2021

ORDER

Entitlement to service connection for reflex sympathetic dystrophy (RSD), characterized as peripheral neuropathy, left foot is dismissed.

Entitlement to service connection for reflex sympathetic dystrophy (RSD), characterized as peripheral neuropathy, right foot is dismissed.

FINDINGS OF FACT

1. In August 2021, prior to issuance of a Board decision, the Regional Office (RO) granted service connection for RSD, characterized as peripheral neuropathy, left foot. 

2. In August 2021, prior to issuance of a Board decision, the RO granted service connection for RSD, characterized as peripheral neuropathy, right foot.

CONCLUSION OF LAW

There being no justiciable case or controversy, the Veteran's claims of service connection for RSD of the right and left foot are dismissed. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 1999 to February 2002.  These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of a RO of the Department of Veterans Affairs (VA).  The Board notes that this matter was previously remanded by the Board to the Agency of Original Jurisdiction (AOJ) on multiple occasions, including September 2018, November 2019, and May 2021. 

Service Connection

1. Entitlement to service connection for RSD, characterized as peripheral neuropathy, left foot is dismissed. 

2. Entitlement to service connection for RSD, characterized as peripheral neuropathy, right foot is dismissed. 

While the case was in remand status, the Veteran was granted service connection for RSD of both the right and left feet in an August 2021 rating decision. This rating decision was issued prior to the promulgation of a decision in the appeal by the Board. Therefore, there remain no statements of errors of fact or law for appellate consideration with regard to the claim of service connection for RSD of the right and left feet. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. See 38 U.S.C. § 7105 (d)(5).

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.