Citation Nr: A21017394
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 191123-188355
DATE: October 27, 2021

ORDER

The appeal with respect to the propriety of the discontinuance of the Veteran's veteran readiness and employment (VR&E) services is dismissed.

FINDING OF FACT

In December 2019, prior to the promulgation of a decision in the current appeal, the Veteran was awarded VR&E benefits.

CONCLUSION OF LAW

There remains no case or controversy with respect to the Veteran's entitlement to VR&E benefits over which the Board may exercise jurisdiction.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.4, 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army Reserves from July 1983 to November 1983, from June 1996 to September 1996, and from January 2007 to June 2007.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 23, 2019 decision issued by the Department of Veterans Affairs (VA) Regional Office in Nashville, Tennessee.  The Veteran appealed to the Board in November 2019, requesting direct review of the evidence considered by the agency of original jurisdiction (AOJ).

The appeal with respect to the propriety of the                                              discontinuance of VR&E services.

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.  One of the principal functions of the Board is to make determinations of appellate jurisdiction.  38 C.F.R. § 19.4.  The Board may address questions pertaining to its jurisdictional authority to review a particular case.  38 C.F.R. § 20.101(d).

In the present case, the Veteran has filed an appeal as to the discontinuance of his VR&E benefits.  See August 23, 2019 decision letter; November 23, 2019 VA Form 10182.  As noted above, the AOJ discontinued his benefits in an August 2019 decision, and the current appeal ensued.  In December 2019, however, while the present appeal was pending, the AOJ awarded VR&E benefits, including approval of the selected training facility (payment of all required tuition, fees, books); a subsistence allowance; supplies, equipment, and incidental goods and services related to the Veteran's VR&E goal/training program; employment assistance; payment of an employment adjustment allowance; and an advance from the revolving fund loan.  See December 9, 2019 and December 11, 2019 decision letters.

The appeal as to the discontinuance of VR&E benefits has become moot by virtue of the December 2019 decision awarding VR&E benefits.  There remains no case or controversy over which the Board may exercise jurisdiction.  See 38 U.S.C. §§ 511, 7104; 38 C.F.R. §§ 19.4, 19.5, 20.101.  The appeal must be dismissed for lack of jurisdiction.

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael L. Marcum, 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.