Citation Nr: 21073306
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 18-36 057
DATE: December 8, 2021

ORDER

The appeal for entitlement to service connection for a seizure disorder is dismissed.

The appeal for entitlement to service connection for a right shoulder disability is dismissed.

FINDINGS OF FACT

1. It appears that, due to a clerical error, the Board docketed the Veteran's appeal for entitlement to service connection for a seizure disorder and a right shoulder disability twice.

2. In an August 2021 decision, the Board of Veterans' Appeals (Board) dismissed the issue of entitlement to service connection for a seizure disorder, and remanded the issue of entitlement to service connection for a right shoulder disability.

3. In a November 2021 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for a right shoulder disability.

CONCLUSIONS OF LAW

1. There remains no case or controversy as to the issue of entitlement to service connection for a seizure disorder, as the matter was dismissed in an August 2021 Board decision.  38 U.S.C. § 7105.

2. There remains no case or controversy as to the issue of entitlement to service connection for a right shoulder disability, as the issue was granted in a November 2021 rating decision.  38 U.S.C. § 7105.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from November 2007 to September 2011.

He testified at a Board hearing in April 2021.  In an August 2021 decision, the Board dismissed the issue of entitlement to service connection for a seizure disorder, per the Veteran's request, and remanded the issue of entitlement to service connection for a right shoulder disability.  The latter issue was subsequently granted by the agency of original jurisdiction (AOJ) in a November 2021 rating decision.

It appears that due to a clerical error, and due to no fault of the Veteran or his attorney, the instant matters were docketed a second time with the Board and scheduled for a second hearing in December 2021.  

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Prior to the hearing, as documented in a Report of General Information dated December 1, 2021, it was confirmed by the Veteran's attorney's office that the issues on appeal were in fact duplicated, and already decided.  Accordingly, there remains no case or controversy for adjudication, and the matters are dismissed.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Polly Johnson, 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.