Citation Nr: 21075697
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 18-40 564
DATE: December 21, 2021

ORDER

The appeal as to entitlement to service connection for hypertension, to include as secondary to a left ischium fracture, is dismissed.

FINDINGS OF FACT

1. Entitlement to service connection for hypertension was granted by a June 2021 rating decision.

2. There remains no question of fact or law to be decided by the Board concerning the question of entitlement to service connection for hypertension.

CONCLUSION OF LAW

There being no question of fact or law to be decided by the Board, the appeal as to the issue of entitlement to service connection for hypertension is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty for training in the United States Army from June 1991 to November 1991 with additional service in the Army Reserves.  During his period of service, he earned the Army Service Ribbon.

This case was previously before the Board in September 2020, at which time the Board, in part, remanded the issues of entitlement to service connection for skin rash; hypertension, to include as secondary to a left ischium fracture; lumbar spine disability, to include as secondary to a left ischium fracture; bilateral lower extremity peripheral neuropathy as secondary to a left ischium fracture; left knee disability, to include as secondary to a left ischium fracture; and left foot disability, to include foot drop, Morton's neuroma, pes planus, and plantar fasciitis, to include as secondary to a left ischium fracture, for further development.  

Subsequent to the issuance of an August 2021 Supplemental Statement of the Case (SSOC), the Veteran opted into the Appeals Modernization Act (AMA) system by submitting a VA Form 20-0996 (Decision Review Request: Higher Level Review) in September 2021 as to the issues of entitlement to service connection for skin rash, lumbar spine disability, bilateral lower extremity peripheral neuropathy, left knee disability, and left foot disability.  Therefore, these matters are considered to be withdrawn from his Legacy appeal.  As those claims are now docketed under the AMA appeals system, they constitute a separate appeal stream and will not be addressed here.

Entitlement to service connection for hypertension

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Such withdrawal may be made by the Veteran or by his or her authorized representative and, unless done on the record at a hearing, it must be in writing.  38 C.F.R. § 20.204(a).

Subsequent to the September 2020 Board remand, service connection for hypertension was granted by a June 2021 rating decision.  Hence, the Board finds that the benefit sought on appeal has already been granted in full and there remains no further controversy of fact or law.  The appeal is, therefore, dismissed.  See 38 U.S.C. § 7105.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Tracy O. Joseph, 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.