Citation Nr: 21068991
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 17-08 049
DATE: November 17, 2021

ORDER

Service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD) and anxiety disorder, is dismissed.

FINDING OF FACT

During the pendency of this appeal, the Veteran was granted service connection for an acquired psychiatric disorder, specifically other specified trauma and stressor related disorder (subthreshold PTSD) (previously claimed as anxiety disorder), in a September 2021 rating decision.  

CONCLUSION OF LAW

The criteria for dismissal of service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD) and anxiety disorder, 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 U.S. Army from March 1970 to November 1971.  The matter is on appeal before the Board from a May 2015 rating decision.  During the pendency of the appeal, a September 2021 rating decision granted the Veteran service connection for an acquired psychiatric disorder, specifically other specified trauma and stressor related disorder (subthreshold PTSD) (previously claimed as anxiety disorder).  The Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.  The grant of service connection for an acquired psychiatric disability provided in the September 2021 rating decision, is the full grant of the benefit sought on appeal, and therefore, there remains no allegation of error of fact or law for appellate consideration.  Thus, as the Veteran has already received the full grant of benefits pertaining to his claim for service connection of an acquired psychiatric disability, there is no remaining issue for the Board to adjudicate.   As such, the claim for service connection is moot and must be dismissed.  Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (noting that dismissal is the proper remedy when an appeal has become moot).

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The Veteran's representative acknowledged the grant of service connection in the October 2021 Brief, but argued for an earlier effective date.  However, the issue of an earlier effective date is not currently under the jurisdiction of the Board.  The only issue before the Board is service connection, which has been granted, and is therefore now moot.  Nevertheless, the Veteran may, if he so chooses, appeal the effective date of the grant of service connection provided in the September 2021 rating decision by utilizing the appropriate forms (VA Form 10182, Decision Review Request: Board Appeal/Notice of Disagreement) that were provided in the notification of the September 2021 rating decision, that was sent to both the Veteran and his representative dated September 30, 2021.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Lutgens-Staley, 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.