Citation Nr: A21019245
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 200526-87818
DATE: December 2, 2021

ORDER

Service connection for tinnitus is dismissed.

FINDING OF FACT

Service connection for tinnitus was granted in a January 2021 rating decision.

CONCLUSION OF LAW

The criteria have been met for dismissal of service connection for tinnitus.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1991 to July 1991 and from January 2003 to February 2004.  This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2020 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO).

In the May 2020 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket.  Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal.  38 C.F.R. § 20.301.

Dismissal

In a January 2021 rating decision, service connection for tinnitus was granted.  This represents a full grant of the benefits sought, and the issue is no longer in appellate status.  See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997).  The record contains no indication that the Veteran has disagreed with the initial rating or effective date assigned, thus, those matters are not in appellate status.  See Grantham, 114 F. 3d at 1158 (holding that a separate notice of disagreement must be filed to initiate appellate review of "downstream" elements such as the disability rating or effective date assigned).

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.  The grant of service connection is a favorable finding.  Thus, there remains no specific error of fact or law regarding this appeal and it is dismissed as a matter of law.

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bruton, C

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.