Citation Nr: 21069542 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 20-24 160 DATE: November 18, 2021 ORDER The claim for entitlement to service connection for acquired psychiatric condition, claimed as posttraumatic stress disorder (PTSD), is dismissed. FINDING OF FACT The Veteran's claim for service connection for an acquired psychiatric condition was granted in full by a November 2021 Board decision. There is no longer any specific error of fact or law in the determination being appealed. CONCLUSION OF LAW As the issue on appeal, service connection for an acquired psychiatric condition was granted in full, there remains no question of law or fact for the Board to resolve with respect to the claim for service connection of an acquired psychiatric condition, to include PTSD. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran was a member of the Army National Guard, with periods of active duty from August 2005 to December 2005, August 2006 to December 2006 and January 2010 to September 2010. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), the agency of original jurisdiction (AOJ). On his May 2020 VA Form 9, the Veteran requested a Board hearing by videoconference at the RO. In June 2021, the Veteran, through his attorney, withdrew his request for a Board hearing in connection with his appeal. Thus, the Board will proceed with consideration of the appeal, based on the evidence of record. In June 2021, the Veteran, through his attorney, requested an additional 90 days to submit additional evidence. In August 2021, the Board advised the Veteran and his attorney that he had 90 days to submit additional materials. The Veteran initially filed a claim for service connection for a stress related disorder, to include PTSD, in January 2015. Service connection for PTSD was denied in a January 2016 rating decision, which was final. In May 2018, the Veteran filed a subsequent claim for service connection for an acquired psychiatric disorder, to include PTSD. Re-opening of the claim of service connection for PTSD was initially denied in a July 2018 rating decision. A March 2020 statement of the case granted re-opening, but denied service connection for PTSD. At the same time, a March 2020 rating decision denied service connection for an acquired psychiatric condition other than PTSD, in response to the May 2018 claim for compensation. The modernized review system, also known as the Appeals Modernization Act (AMA), applied to this March 2020 decision. The Veteran timely filed a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), and his appeal was processed through the AMA system. In November 2021, another Board member granted the Veteran's claim of service connection for an acquired psychiatric disorder, to include anxiety and an unspecified trauma and stressor disorder, based on the Veteran's experiences during his deployment to Iraq. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. In the current case, the issue on appeal, service connection, was granted in full in a November 2021 Board decision. There remains no specific error of fact or law on appeal for the Board to adjudicate. Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997) (holding that a separate notice of disagreement must be filed to initiate appellate review of downstream elements such as the disability rating or effective date assigned). As such, the Board finds that the criteria to dismiss the appeal are met. 38 U.S.C. § 7105. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Megan-Brady Viccellio 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.