Citation Nr: 21070801
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 14-28 373
DATE: November 26, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

There is no remaining matter at issue for appellate consideration because a March 2021 rating decision granted the Veteran's claims for service connection for an acquired psychiatric disorder and for a right toenail disorder, which were the only issues in the present appeal stream. 

CONCLUSION OF LAW

The criteria for dismissal of the present appeal have been met.  38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from December 1978 to November 1980.  This matter comes before the Board of Veterans' Appeals (Board) on appeal of a decision issued by the Department of Veterans Affairs (VA).

In October 2018, the Board remanded claims of service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), and a right toenail disorder.  Thereafter, the agency of original jurisdiction (AOJ) granted service connection for PTSD and for a right toenail disorder with tinea pedis.  See Rating Decision  Narrative, March 2021. 

The above action is considered a full grant of the benefits previously sought on appeal.  The Board does not have any further jurisdiction over the claims.  The Veteran has not filed a Notice of Disagreement or otherwise appealed the March 2021 rating decision, and the appeal appears to have been erroneously returned to the Board.  

Accordingly, as the benefits sought have been granted, there is no longer a case in controversy for appellate consideration as to the claim. The appeal is moot, and must be dismissed as a matter of law. See 38 U.S.C. § 7105 (d).

 

 

MICHAEL A. HERMAN

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.