Citation Nr: 21067089
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 14-20 142A
DATE: November 3, 2021

ORDER

Entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

In August 2021, the Board issued a decision in the Appeals Modernization Act (AMA) system granting service connection for right ear hearing loss and denying service connection for left ear hearing loss.   Thus, the Board no longer has jurisdiction over the claim in the legacy system, and it must be dismissed.

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for bilateral hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from October 1965 to September 1967, including in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a rating decision issued by the Department of Veterans Affairs (VA), and has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107.  The Veteran and his spouse appeared before the undersigned Veterans Law Judge during a Travel Board hearing in January 2018.  A transcript of the hearing is associated with the claims file.

In February 2021, the Board remanded this matter for an addendum medical opinion to address evidence and contentions submitted by the Veteran related to the potential of delayed-onset hearing loss.  After development, the VA regional office issued a Supplement Statement of the Case in March 2021.  The Veteran submitted a VA Form 10182 for bilateral hearing loss in April 2021.  Thereafter, the Board sent a letter informing the Veteran that his appeal was received and placed on the evidence docket in the Appeals Modernization Act (AMA) system.  However, the Board later notified the Veteran that the letter docketing the appeal in the AMA system was an administrative error.  See AMA Notification Letter, May 2021.  Yet, despite the Board's May 2021 letter, the record reflects that the Board issued a decision adjudicating the hearing loss claims in the AMA system in August 2021.  

As a decision has already been issued on the Veteran's claims in the AMA system, the Board no longer has jurisdiction in the legacy appeals system.  Accordingly, there is no case in controversy remaining for appellate consideration, and the matter must be dismissed as a matter of law.  See 38 U.S.C. § 7105. 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Reed, 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.