Citation Nr: 21071043
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 17-65 964
DATE: November 29, 2021

ORDER

The appeal as to the issue of entitlement to Chapter 31, Vocational Rehabilitation and Education (VR&E) benefits, to pursue a law degree is dismissed.

FINDINGS OF FACT

1. There is currently no justiciable case or controversy for active consideration by the Board on the issue of entitlement to VR&E benefits to pursue a law degree, as that matter was granted in a January 2019 determination letter.

2. In September 2021, prior to the promulgation of a decision by the Board, the Veteran stated that she wished to withdraw from appellate review her claim of entitlement to VR&E benefits as the benefits were restored.

CONCLUSION OF LAW

1. As the benefit sought on appeal has been granted in full, there remains no case or controversy as to the issue of entitlement to VR&E benefits to pursue a law degree.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.104, 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from February 1986 to May 1987.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a February 2017 determination letter issued by the Department of Veterans Affairs (VA).

It is a well-established judicial precedent that when there is no case or controversy, or when a once live case or controversy becomes moot, the Court lacks jurisdiction.  See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992).

Following a December 2017 Substantive Appeal, the RO issued a January 2019 determination letter granting entitlement to VR&E benefits to pursue a law degree.  As this represents a total grant of benefits sought on appeal, the issue of entitlement to a service connection for an acquired psychiatric disorder is moot and is no longer before the Board.  See Grantham v. Brown, 114 F.3d 1156, 1159 (Fed. Cir. 1997).

In light of the above, there is no case or controversy currently before the Board as the claim of entitlement to VR&E benefits to pursue a law degree has been resolved entirely in the Veteran's favor. Consequently, the appeal with respect to this issue must be dismissed.

 

S.C. Krembs

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Bilstein, 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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.