Citation Nr: 21075198
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 14-19 859A
DATE: December 17, 2021

ORDER

Entitlement to service connection for treatment purposes only for posttraumatic stress disorder (PTSD) under 38 U.S.C. Chapter 17 is dismissed.

FINDING OF FACT

The claim of entitlement to service connection for PTSD for treatment purposes only under 38 U.S.C. Chapter 17 is moot.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for PTSD for treatment purposes only under 38 U.S.C. Chapter 17 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.202.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Appellant had active service in the United States Army from November 1967 to October 1970.  The Board notes his discharge from this period of active service was under other than honorable conditions.

This matter comes before the Board of Veteran's Appeals (Board) on appeal from a December 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In July 2017, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file.

This matter was previously before the Board in January 2018 wherein the Board remanded the claim for further development.  The Board notes a separate issue was included in the January 2018 Board decision.  The Appellant has a separate appeal stream pending for entitlement to service connection for diabetes, in which he has requested a hearing.  As such, this issue is not currently before the Board and will be addressed in a separate decision on a later date. 

During the July 2017 VA hearing, the Appellant's attorney noted the Veteran's discharge was upgraded to general under honorable conditions in July 1977.  However, in July 1978, a VA Memo reported the upgrade was denied and that entitlement to VA benefits is dependent on the original discharge determination.  An August 1978 administrative decision concluded the Appellant's service was terminated under conditions which constitute a bar to entitlement to VA benefits.

In the Supplemental Statement of the Case (SSOC) issued in August 2018, the RO reported the Character of Discharge Administration Decision completed in August 1978 decided the Appellant's service was terminated under conditions that constitute a bar to entitlement to VA benefits, but healthcare benefits under Chapter 17 of Title 38 of the US Code for any disabilities determined to be service connected are available.  Additionally, an administrative decision was issued in October 2018, confirming the Appellant's discharge remains a bar for eligibility of VA benefits and that his discharge could not be upgraded.  The administrative decision concluded the appellant remains eligible for healthcare benefits.  As such, the issue before the Board is whether the Appellant is entitled to service connection for treatment purposes only for PTSD.

During the course of the appeal, in an October 2018 rating decision, the RO granted service connection for treatment purposes only for PTSD.  The Appellant's appeal as to this matter has been rendered moot, as the benefit sought on appeal has been granted. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).

Thus, because there remains no case or controversy to resolve concerning the issue of service connection, the appeal is dismissed. 38 U.S.C. § 7105 (d)(5).

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mouzakis, Jayme

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.