Citation Nr: 21066626
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 16-48 251
DATE:   November 1, 2021

ORDER

Entitlement to service connection for diabetic retinopathy and nephropathy is dismissed as moot.

FINDINGS OF FACT

1. Entitlement to service connection for diabetic retinopathy and nephropathy was granted by the RO in a July 2021 rating decision and a separate rating was assigned.

2. There is no issue in controversary with respect to the instant claim for entitlement to service connection for diabetic retinopathy and nephropathy. 

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for diabetic retinopathy and nephropathy have been met. 38 U.S.C. § 7105 ; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from July 1986 to June 1992 and from March 1995 to July 2014. 

This matter to the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Jurisdiction of this appeal is currently with the RO in St. Petersburg, Florida.

In March 2019, the Veteran testified before a Veterans Law Judge. A copy of the transcript has been associated with the claims file. This hearing was before a now-retired judge. In September 2021 correspondence, the Veteran was notified that the Veterans Law Judge who conducted his hearing was no longer employed by the Board and was given the opportunity to request another hearing. The Veteran was also notified that if he did not provide a response in 30 days, it would be assumed that he did not want another hearing. The Veteran did not respond to the letter, and the Board will therefore proceed.

This case was most recently before the Board in March 2021, at which time the appeal was remanded to the Agency of Original Jurisdiction (AOJ) for further development and to consider whether a separate rating was warranted for diabetic retinopathy and nephropathy. The case has now been returned to the Board for appellate action.

A July 2021 rating decision granted entitlement to service connection for diabetic nephropathy with diabetic retinopathy and assigned an initial rating. The Veteran has not to date expressed disagreement with the effective date or rating assigned. 

Under 38 U.S.C. § 7105(d) and 38 C.F.R. § 20.202(a), the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. As the July 2021 rating decision and notification letter granted in full the benefits sought by the Veteran, there is no remaining allegation of error of fact or law for appellate consideration. Therefore, the Board does not have jurisdiction over the appeal as there remains no controversy for appellate consideration. See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992). Accordingly, the appeal is dismissed as moot.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mariah N. Sim, 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.