Citation Nr: 21065067
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 17-22 553
DATE: October 25, 2021

ORDER

The appeal as to entitlement to education benefits under Chapter 35, Title 38 U.S.C., also known as the dependents educational assistance (DEA) benefits is dismissed. 

 

FINDING OF FACT

The benefit sought has been granted in full.

CONCLUSION OF LAW

The criteria for dismissal of the appeal for no case or controversy has been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1999 to June 2013.  

The case is on appeal from a February 2016 rating decision. 

The Veteran requested a Board hearing.  He was schedule for a hearing in February 2020.  In February 2020, the Veteran withdrew his Board hearing request.   

DEA benefits. 

While the case was pending appellate review, in a January 2021 rating decision, the RO granted DEA benefits effective January 21, 2021, which was the date the Veteran was found to be permanently and totally disabled by reason of his service-connected disabilities.  

In any case, the Board notes that, in an April 2017 statement filed along with his VA Form 9, the Veteran clarified that he was not seeking DEA benefits at that time but a 100 percent total and permanent evaluation by reason of his service-connected disabilities.  

Here, the January 2021 rating decision established the Veteran's eligibility to DEA benefits effective the date that he was found to have a total and permanent evaluation by reason of his service-connected disabilities.  See 38 U.S.C. §§ 3501, 3510; 38 C.F.R. §§ 3.807(a), 21.3021.  This constitutes a full grant of the benefit sought on appeal.  As the benefits sought has been granted in full, there is no case or controversy to decide and the appeal is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.104(c).

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.