Citation Nr: A21020204
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 211109-196362
DATE: December 17, 2021

ORDER

Entitlement to specially adapted housing is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the VA granted the Veteran entitlement to specially adapted housing.

CONCLUSION OF LAW

The appeal concerning entitlement to specially adapted housing is dismissed as entitlement was already granted, and there remains no justiciable case or controversy with respect to this claim. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1961 to June 1965 and from January 1966 to April 1967. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from the February 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) in which the RO denied entitlement to specially adapted housing and a special home adaptation grant. The Veteran disagreed with the decision and perfected an appeal to the Board.

This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.900(c).

In July 2019, the Board denied entitlement to eligibility for a specially adapted housing grant or a special home adaptation grant. The Veteran appealed the July 2019 Board decision to the United States Court of Appeals for Veteran Claims (Court). 

In January 2021, the Court issued a memorandum decision in which it set aside the Board's July 2019 decision denying entitlement to eligibility for a specially adapted housing grant or a special home adaptation grant and remanded the matter for further proceedings. The matter was returned to the Board.

In July 2021, the Board remanded the issue to determine whether the Veteran meets the criteria for specially adapted housing or special home adaptation grant.

In an October 2021 rating decision, prior to the promulgation of a decision in the appeal, the VA granted entitlement to specially adapted housing. 

The Board acknowledges that the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) in November 2021, expressing disagreement for October "2025" and March 2017 rating decisions. The Board sent the Veteran a letter on December 1, 2021, informing him that the Board received a VA Form 10182, and stated that it can only be submitted to initiate an appeal for a VA decision adjudicated in the modernized review system created by the Appeals Modernization Act (AMA).  Most importantly, the Board points out that the benefit sought on appeal was granted in full in October 2021.  

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As such, this claim is dismissed as a matter of law, as there remains no case or controversy, or dispute of fact or law, regarding this issue. 38 U.S.C. § 7105; see also Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991).

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Camille NeSmith, Associate 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.