Citation Nr: 21074296 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 12-20 907A DATE: December 14, 2021 ORDER Entitlement to service connection for a back disability is dismissed. FINDINGS OF FACT 1. In a November 2021 Board decision, the Board granted the Veteran's claim of entitlement to service connection for a back disability. 2. In a November 2021 rating decision, the Veteran's grant of service connection for a back disability was effectuated by the Regional Office (RO). CONCLUSION OF LAW The appeal on the merits of the Veteran's claim of entitlement to service connection for a back disability is moot by virtue of the November 2021 Board and rating decisions granting service connection and there remains no matter in controversy for which the Board has jurisdiction. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1966 to June 1969. The Veteran's appeal of his claim to service connection for a back disability is on appeal from a March 2014 rating decision by a Department of Veterans Affairs (VA) regional office (RO). In an August 2017 decision, the Board denied the Veteran's claim and the Veteran appealed to the United States Court of Appeals for Veterans' Claims (the Court). The Court, in a Joint Motion for Remand (JMR) vacated and remanded the matter back to the Board for further adjudication. The Veteran has had several hearings before Veterans Law Judges (VLJs). In April 2017, the Veteran testified before Judge Pappas and following the JMR, the Veteran also had a hearing before Judge Auer. Here, the Veteran agreed to a two-judge decision and declined a third hearing. Transcripts of both of these hearings have been associated with the Veteran's file. Subsequently, in July 2020, the matter was remanded again for an adequate examination. Another examination was ordered upon remand. After this remand, the Veteran requested a hearing before a third VLJ. This hearing was conducted in July 2021, adding Judge Crowley to the panel. 1. Entitlement to service connection for a back disability The Veteran was granted service connection for his back disability in a November 2021 Board decision and effectuated in a November 2021 rating decision. Under 38 U.S.C. § 7105 (d)(5), the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. The Veteran's claim of entitlement to service connection for a back disability has been granted in full in the November 2021 Board and rating decisions. There is no pending adverse determination for the Board to adjudicate with respect to the service connection claim. See Shoen v. Brown, 6 Vet. App. 456, 457 (1994). The appeal is moot by virtue of the prior grant of service connection and must be dismissed. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). John J. Crowley Veterans Law Judge Board of Veterans' Appeals Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kelsey Love, Associate 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.