Citation Nr: A21017208
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 211005-189038
DATE: October 25, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

There are no issues currently on appeal before the Board.

CONCLUSION OF LAW

No issues are currently on appeal before the Board.  38 U.S.C. § 7105; 38 C.F.R. § 20.200.

REASONS AND BASES FOR FINDING AND CONCLUSION

In October 2021, the Veteran filed a Decision Review Request: Board Appeal (notice of disagreement) (VA Form 10182), electing the Direct Review Lane.  Normally, under the direct review option, no additional evidence received after the issuance of the appealed rating decision may be considered; rather, the Board review would be limited to the evidence of record at the time of the October 4, 2021 rating decision.

1.  Special monthly pension.

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. 

On November 30, 2018, the Veteran filed a notice of intent to file claim for pension.  See Veteran's VA Form 21-0996, received on November 30, 2018.  

In November 2019, the Veteran filed a formal claim for pension.  See Veteran's claim (VA Form 21P-527EZ), received in November 2019. 

In October 2020, the RO notified the Veteran that it had denied his claim due to a failure to submit requested information on his assets.  The Veteran subsequently submitted the requested financial information.  

In October 2021, the RO granted special monthly pension based on the need for aid and attendance, effective November 30, 2018.  The Veteran was notified of this decision by way of a cover letter dated October 4, 2021.  

On October 5, 2021, the Veteran's Decision Review Request: Board Appeal (notice of disagreement) was received.  The Veteran stated that he was appealing the issue of the "denial of NSC pension for insufficient evidence"  He stated that he had filed supplemental evidence in August 2021 "as requested but VA has not reopened the file."  

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In summary, it appears that the Veteran initiated his appeal a day or so prior to being notified by the RO that his claim has been granted.  A Board docket has been created in which the issue listed, entitlement to NSC pension, has already been adjudicated favorably to the Veteran.  The Board further notes that the RO's October 2021 rating decision stated that it had proposed a finding of incompetency.  There is nothing to show that this issue has been adjudicated, and the Board does not have jurisdiction over this matter.  As there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal on the issue listed above.  It is dismissed.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.S.E., 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.