Citation Nr: 21076471
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 15-13 638
DATE: December 23, 2021

ORDER

The issue of entitlement to vocational rehabilitation services under Chapter 31, Title 38, United States Code, is dismissed.

FINDING OF FACT

In July 2021, prior to the promulgation of a decision by the Board, the Veteran was approved for Chapter 31 vocational rehabilitation services, representing a full grant of the benefits sought.

CONCLUSION OF LAW

As there remains no case or controversy affecting the provision of benefits by VA over which the Board may exercise jurisdiction, the issue of entitlement to vocational rehabilitation services under Chapter 31, Title 38, United States Code, is dismissed.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.4.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Navy from June 1975 to June 1977, and the Air Force from June 1979 to October 1979, with additional service in December 1990, January 1991, and February 1991.

In July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the record.

Entitlement to vocational rehabilitation services under Chapter 31, Title 38, United States Code

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.

In a July 2021 letter, the Veteran was notified that he was approved for on-the-job training, an apprenticeship, or a non-paid work experience.  At the July 2021 hearing, the Veteran testified that he had been granted Chapter 31 vocational rehabilitation services.  The Veteran stated that he was satisfied with the outcome of this matter.  The Veteran and his attorney agreed that there was no longer a case or controversy for the Board to address.

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The Board finds that the Veteran has received a full grant of the benefits sought with respect to the claim for vocational rehabilitation services under Chapter 31.  

As such, the issue is no longer in appellate status as there is no case or controversy presently before the Board, and the issue is dismissed.  See 38 U.S.C. § 7105.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Casey, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.