Citation Nr: 21069175
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 18-34 144A
DATE: November 17, 2021

ORDER

The appeal seeking service connection for asthma (also claimed as lung problems, chest problems, respiratory disorder other than pneumothorax) is dismissed.  

FINDING OF FACT

An October 2021 rating decision granted the Veteran service connection for asthma, resolving his appeal in the matter; consequently, there is no remaining question of fact or law in the matter of service connection for asthma for the Board to consider.  

CONCLUSION OF LAW

The Veteran's appeal seeking service connection for asthma has been rendered moot by the Agency of Original Jurisdiction's (AOJs) award of service connection for such disability; the Board has no further jurisdiction to consider an appeal in the matter.  38 U.S.C.§§ 7105; 38 C.F.R. § 19.55.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1987 to February 1995.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a January 2013 rating decision.  In July 2020, the Board denied the claims of service connection for asthma and a left arm disorder, and the Veteran appealed the denials to the Court of Appeals for Veterans Claims (CAVC).  Pursuant to an April 2021 joint motion for partial remand (JMPR), the CAVC remanded the claims to the Board.  An August 2021 Board decision again denied service connection for a left arm disorder and remanded entitlement to service connection for asthma.  An October 2021 rating decision granted service connection for asthma.  

The Board may dismiss any appeal which fails to allege error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  As a general matter, the grant of a claim of service connection constitutes an award of full benefits sought on appeal of a denial of a service connection claim.  Seri v. Nicholson, 21 Vet. App. 441, 447 (2007).  

Here, an October 2021 rating decision granted service connection for asthma, and assigned a rating and effective date for the award (resolving that matter) and, inexplicably, the case was returned to the Board.  There is no question of fact or law remaining for the Board to consider.  Accordingly, the Board has no further jurisdiction to consider an appeal in the matter, and this appeal must be dismissed as moot.  

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Bayles, 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.