Citation Nr: 21073926
Decision Date: 12/13/21	Archive Date: 12/13/21

DOCKET NO. 18-00 604
DATE: December 13, 2021

ORDER

Entitlement to service connection for post-traumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In January 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from a Regional Office (RO) that entitlement to service connection for PTSD had been established.

CONCLUSION OF LAW

The claim of entitlement to service connection for PTSD, has been granted already and therefore the criteria for dismissal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active service with the United States Air Force from September 1967 to September 1971.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2014 and November 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded the claim of entitlement to service connection for PTSD in May 2020.  In January 2021, the Veteran's claim of entitlement to service connection for PTSD was granted with a rating of 50 percent effective on November 28, 2017.  

The Board also noted that in May 2021, the Veteran filed another NOD, as to the January 2021 decision.    

As a general matter, the grant of a claim of service connection constitutes an award of full benefits sought on an appeal of the denial of a service connection claim.  Seri v. Nicholson, 21 Vet. App. 441, 447 (2007); see also Grantham v. Brown, 114 F. 3d 1156 (Fed. Cir. 1997) (where an appealed claim for service connection is granted during the pendency of the appeal, a second Notice of Disagreement (NOD) must thereafter be timely filed to initiate appellate review of "downstream" issues such as the compensation level assigned for the disability or the effective date of service connection).

Therefore, the Board may dismiss an appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  In the present case, prior to certification to the Board, in a January 2021 rating decision, the Veteran was granted entitlement to service connection for PTSD.  No other disabilities remain on appeal.

Accordingly, there is no justiciable case or controversy before the Board, and the issue is dismissed.  38 U.S.C. § 7105.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Associate Counsel, C. Parnell

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.