Citation Nr: A21019109
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 191024-40851
DATE: December 1, 2021

ORDER

Entitlement to special monthly compensation (SMC) based on aid and attendance is dismissed.

Service connection for loss of use of the right upper extremity is dismissed.

FINDINGS OF FACT

1. In October 2021, a rating decision was issued granting SMC for aid and attendance.

2. In October 2021, a rating decision was issued granting service connection for loss of use of the right upper extremity.

CONCLUSIONS OF LAW

1. As the benefit sought on appeal has been granted in full, the appeal for SMC based on aid and attendance is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. As the benefit sought on appeal has been granted in full, the appeal for service connection for loss of use of the upper right extremity is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from March 2006 to July 2012. These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2019 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

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; 38 C.F.R. § 19.22. The October 2021 rating decision granted service connection loss of use of the upper right extremity and SMC based on aid and attendance. Here, in essence, a "case or controversy" involving the pending adverse determinations to which the appellant has taken exception no longer exists. The October 2021 rating decision effectively granted the Veteran's appeal, and a case or controversy on those issues no longer exists. See generally Grantham v. Brown, 114 F.3d 1156 (1997); Barrera v. Gober, 122 F.3d 1030 (1997). Accordingly, the Board does not have jurisdiction to review the appeal on those issues and they are dismissed.

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Hemphill

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.