Citation Nr: 21075840
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 16-48 450
DATE: December 21, 2021

ORDER

The issue of entitlement to service connection for hepatitis is dismissed as moot.

FINDING OF FACT

The Veteran's claim for entitlement to service connection for hepatitis is moot.

CONCLUSION OF LAW

The Veteran's claim for service connection for hepatitis is moot. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1969 to November 1969.

Service-connection for his Hepatitis C was granted in a September 2021 rating decision.

Under 38 U.S.C. § 7105 (d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. The Veteran's claim for service connection for Hepatitis C is moot because there is no longer a pending adverse determination for the Board to adjudicate with respect to the Veteran's hepatitis C service connection claim. See Shoen v. Brown, 6 Vet. App. 456, 457 (1994).

The claim for entitlement to service connection for Hepatitis C is moot by virtue of the September 2021 rating decision granting service connection for Hepatitis C, and must be dismissed. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). Accordingly, as service connection for the claimed disability has already been awarded, the appeal is dismissed.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lent, Edward

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.