Citation Nr: 21075535 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 14-30 554 DATE: December 20, 2021 ORDER The issue of service connection for a cervical spine condition is dismissed. REMANDED The issue of service connection for a thoracolumbar spine condition is remanded. FINDING OF FACT As part of the August 2021 rating decision, the Regional Office (RO) granted the Veteran's claim of service connection for a cervical spine condition. CONCLUSION OF LAW The Board lacks jurisdiction over the claim of a cervical spine condition. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.202. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from February 1974 to September 1986, and from April 1990 to March 1994. This matter was previously before the Board of Veterans' Appeals (Board) in May 2021. The issue of service connection for a thoracolumbar spine condition was remanded for the RO to attempt to obtain 2013 VA physical therapy notes from Keesler Air Force Base (KAFB), under 38 U.S.C. § 5103A(c)(1)(C) and 38 C.F.R. § 3.159(c)(2). The issue of service connection for a cervical spine condition was remanded for a new VA examination to determine the etiology of the condition in accordance with Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). In May 2021, the requested VA medical records from KAFB were associated with the Veteran's claims file. However, the RO did not issue a supplemental statement of the case (SSOC) regarding the issue of service connection for a thoracolumbar spine condition to address the new evidence. To date, the Veteran has not waived RO re-adjudication of the appeal, considering the new evidence. Pursuant to the May 2021 Board remand, the Veteran was provided a VA neck conditions examination in July 2021. An August 2021 rating decision granted service connection for a cervical spine condition, rated as 30 percent disabling. In the December 2021 written brief presentation, the Veteran's representative acknowledged the August 2021 rating decision that granted service connection for a cervical spine condition but did not indicate any disagreement regarding the issue. However, the brief indicates disagreement with the lack of a VA examination for the claimed thoracolumbar spine condition. The August 2021 rating decision granted service connection for a cervical spine condition, and the Veteran has not indicated disagreement with the decision. Therefore, the Board lacks jurisdiction over the claim of service connection for a cervical spine condition, which has been rendered moot by the August 2021 rating decision, and the claim will be dismissed. See 38 U.S.C. § 7105; 38 C.F.R. § 20.202. Regarding the issue of service connection for a thoracolumbar spine condition, as noted above, no SSOC has been issued to address the additional VA medical records from KAFB, which were added to the record after the May 2021 Board remand. As no SSOC pertaining to that evidence has been issued and no waiver has been submitted, this evidence must be remanded to the RO for review. See Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The issue of service connection for a cervical spine condition is dismissed. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105; 38 C.F.R. § 20.202. As a result of the August 2021 rating decision that granted service connection for a cervical spine condition, there is no longer any error of fact or law for the Board to adjudicate. The Board lacks jurisdiction over the claim of service connection for a cervical spine condition, which has been rendered moot by the August 2021 rating decision. Id; see Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). Therefore, the claim is dismissed. REASONS FOR REMAND The issue of service connection for a thoracolumbar spine condition is remanded. The matter is REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: The issue of service connection for a thoracolumbar spine condition was remanded by the Board in May 2021 for the RO to obtain outstanding VA treatment records from KAFB. In May 2021, the outstanding VA medical records were associated with the Veteran' claims file. However, as no SSOC has been issued and no waiver has been submitted, this evidence must be reviewed by the RO on remand, and an SSOC furnished if the appeal remains denied. 38 C.F.R. § 19.31(b)(1). 2. Upon remand, readjudicate the issue of service connection for a thoracolumbar spine condition on appeal. If the benefit sought on appeal remains denied, provide the Veteran a SSOC and allow an appropriate period for response. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Timothy T. Emmart The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.