Citation Nr: 21071427
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 14-30 646
DATE: November 30, 2021

ORDER

Entitlement to service connection for left ear hearing loss is dismissed as moot.

FINDINGS OF FACT

1. Entitlement to service connection for left ear hearing loss was granted by the Agency of Original Jurisdiction (AOJ) in an October 2021 rating decision and a rating and effective date were assigned.

2. There is no issue in controversary with respect to the instant claim for entitlement to service connection for left ear hearing loss. 

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for left ear hearing loss have been met. 38 U.S.C. § 7105 ; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty in the United States Navy from March 1990 to March 1994.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) Waco, Texas.  Jurisdiction of this appeal is currently with the RO in St. Petersburg, Florida.  

This case was most recently before the Board in September 2020, at which time the appeal was remanded to the AOJ for further development.  The case has now been returned to the Board for appellate action.

An October 2021 rating decision granted entitlement to service connection for left ear hearing loss and assigned an initial rating and effective date. The Veteran has not to date submitted a notice of disagreement with the effective date or rating assigned. 

The Board notes that in a November 2021 Appellate Brief, the Veteran through his representative seems to assert that he disagrees with the effective date assigned for the grant of entitlement to service connection for left hear hearing loss. If the Veteran disagrees with the October 2021 rating decision, the Veteran is invited to submit a timely VA Form 10182 Notice of Disagreement as to the October 2021 rating decision. 

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Under 38 U.S.C. § 7105(d) and 38 C.F.R. § 20.202(a), the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. As the October 2021 rating decision and notification letter granted in full the benefits sought by the Veteran, there is no remaining allegation of error of fact or law for appellate consideration. Therefore, the Board does not have jurisdiction over the appeal as there remains no controversy for appellate consideration. See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992). Accordingly, the appeal is dismissed as moot.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mariah N. Sim, 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.