Citation Nr: 21071125
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 10-48 357
DATE: November 29, 2021

ORDER

The appeal for entitlement to service connection for right accessory nerve injury (eleventh cranial nerve branch), having been granted in full, is dismissed.

FINDING OF FACT

A February 2021 rating decision granted service connection for right accessory nerve injury (eleventh cranial nerve branch).

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for right accessory nerve injury (eleventh cranial nerve branch) 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 Navy from May 1999 to June 2009.

The Board remanded the claim of service connection for right accessory nerve injury in November 2017. In a February 2021 rating decision, service connection was granted and an initial 10 percent rating assigned for right accessory nerve injury (eleventh cranial nerve branch, effective June 2, 2009. In that same decision, the Agency of Original Jurisdiction (AOJ) granted service connection and assigned initial ratings for right upper extremity carpal tunnel syndrome, also effective June 2, 2009. 

The AOJ issued a February 2021 supplemental statement of the case (SSOC) that addressed the evaluation of the right upper extremity carpal tunnel syndrome. The SSOC was not proper as the issue it addressed was not on appeal before the Board. The February 2021 rating decision granted entitlement to service connection for right accessory nerve injury, which represents a full grant of benefits sought on appeal. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

As a result of the February 2021 rating decision, there no longer remains a case or controversy with respect to the issue service connection. The Board lacks jurisdiction over the claim because it has been granted in full and rendered moot on appeal. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. Therefore, the appeal is dismissed.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. E. Bresler

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.