Citation Nr: 21072337
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 18-39 984
DATE: December 2, 2021

ORDER

Entitlement to service connection for peripheral neuropathy of the right upper extremity due to Agent Orange exposure is dismissed.

Entitlement to service connection for peripheral neuropathy of the left upper extremity due to Agent Orange exposure is dismissed.

Entitlement to service connection for peripheral neuropathy of the right lower extremity due to Agent Orange exposure is dismissed.

Entitlement to service connection for peripheral neuropathy of the left lower extremity due to Agent Orange exposure is dismissed.

FINDING OF FACT

The benefits sought on appeal were granted, as reflected in November 2019 and May 2020 rating decisions.

CONCLUSION OF LAW

As the claims have been granted, there remain no issues for appellate consideration; in light of the absence of a case or controversy, the appeal as to these issues is dismissed. 38 U.S.C. § 7105; Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1966 to May 1969. This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO).

After certification to the Board, service connection for peripheral neuropathy of the bilateral lower extremities (sciatic nerve) was granted in a November 2019 rating decision. In a May 2020 rating decision, service connection for peripheral neuropathy of the bilateral upper extremities, and service connection for peripheral neuropathy of the bilateral lower extremities (femoral nerve) were granted.

As the benefits sought on appeal have already been allowed, there is no case or controversy for the Board to adjudicate. Consequently, the claims on appeal are dismissed. See Grantham, 114 F.3d at 1158-59 (where an appealed claim for service connection is granted during the pendency of the appeal, a second Notice of Disagreement (NOD) thereafter must be timely filed to initiate appellate review of the claim concerning "downstream" issues such as the compensation level assigned for the disability and effective date).

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Accordingly, there is no remaining issue for appellate consideration and the appeal is dismissed. 38 U.S.C. § 7105.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rogos

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.