Citation Nr: A21019397
Decision Date: 12/06/21	Archive Date: 12/06/21

DOCKET NO. 200520-86732
DATE: December 6, 2021

ORDER

The appeal as to the claim of entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and major depressive disorder (MDD), is dismissed.

FINDING OF FACT

While in remand status, a January 2021 rating decision granted entitlement to service connection for an acquired psychiatric disorder. 

CONCLUSION OF LAW

As the benefit sought on appeal with respect to the matter of service connection for an acquired psychiatric disorder has been granted, there remains no case or controversy as to the issue of entitlement to service connection for an acquired psychiatric disorder.  38 U.S.C. §§ 1110, 1131, 7105 (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Navy from July 1988 to November 1994.  Her service was under honorable conditions. 

The matter is on appeal from a November 2019 rating decision.

Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA).  This law creates a new framework for Veterans dissatisfied with VA's decision on their claim to seek review.  The Veteran chose to participate in VA's test program "RAMP", the Rapid Appeals Modernization Program.  This decision has been written consistent with the new AMA framework.  The Veteran opted in to RAMP on August 20, 2020, and selected the Direct Review lane.  As explained on the RAMP Opt-In Election Form, the review is based on evidence submitted to VA as of the date of the election, and the Veteran may not submit additional office.  Thereafter, in subsequent correspondence, the Board accepted the Veteran's appeal and placed it on the Direct Review docket.  Under Direct Review, the Board will consider all evidence of record up to August 20, 2020.  The Board has not considered any evidence received or submitted after the August 2020 RAMP Opt-In Election.

Entitlement to service connection for an acquired psychiatric disorder.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  In this case, a January 2021 rating decision granted the Veteran's claim of entitlement to service connection for an acquired psychiatric disorder.  This action resolved the claim for service connection.  As a result, no case or controversy regarding the matter of service connection for an acquired psychiatric disorder remain, and there is no remaining allegation of error of fact or law for appellate consideration.  38 U.S.C. § 7105 (d)(5).  

Accordingly, the Board is without jurisdiction to review the appeal with respect to the matter, and the matter is dismissed.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sara Schinnerer, 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.