Citation Nr: 21066944
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 16-23 028
DATE: November 2, 2021

ORDER

Entitlement to service connection for right ear vestibular schwannoma is dismissed.

FINDING OF FACT

Entitlement to service connection for right ear vestibular schwannoma is not on appeal, therefore the Board does not have jurisdiction over this claim.  

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for right ear vestibular schwannoma have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.104. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any case over which it determines it does not have jurisdiction.  38 C.F.R. § 20.104(c).  Here, the Board does not have jurisdiction to decide entitlement to service connection for right ear vestibular schwannoma, as this issue was never on appeal.  Relevant here, a June 2018 Board decision denied the Veteran's claim for entitlement to service connection for right ear hearing loss.  The Veteran subsequently appealed his claim to the Court of Appeals for Veterans Claims (the CAVC).  In a December 2020 memorandum decision, the CAVC held that remand of the Veteran's claim for right ear hearing loss was necessary for the Board to address whether the Veteran's vestibular schwannoma is a service-connected condition and whether it caused his hearing loss.  Subsequently a June 2021 Board decision remanded the Veteran's claim for entitlement to service connection for right ear hearing loss.  A September 2021 rating decision granted the Veteran's claim for entitlement to service connection for right ear hearing loss.  The AOJ subsequently issued a supplemental statement of the case for entitlement to service connection for right ear vestibular schwannoma.

Right ear vestibular schwannoma is not a separate claim on appeal.  The Veteran's initial claim was for entitlement to service connection for right ear hearing loss.  Following the CAVC memorandum decision the Board remanded the Veteran's claim for right ear hearing loss and the September 2021 rating decision granted the Veteran's claim.  As indicated in the rating decision, this represents a full grant of the benefit on appeal.  The Veteran has never claimed service connection for a right ear vestibular schwannoma and it was not indicated as being on appeal, under Clemons or any other regulation or case law, by either the CAVC or the Board heretofore.  As such there are no additional issues on appeal and the issue is dismissed.

Entitlement to service connection for right ear vestibular schwannoma is dismissed.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, 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.