Citation Nr: 21005262
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 12-33 889
DATE: February 1, 2021

ORDER

The claim for a rating in excess of 100 percent disabling for a heart disability is dismissed.

The claim for a rating in excess of 20 percent for diabetes mellitus is dismissed. 

FINDING OF FACT

The Veteran did not submit a Notice of Disagreement (NOD) required by law to appeal an adverse decision.

CONCLUSION OF LAW

The criteria to convey jurisdiction to the Board over an appeal with regard to the issues listed above have not been met. 38 C.F.R. §§ 20.201, 20.202(d), 20.104(c).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1962 to November 1965, including service in Korea from April 1963 to May 1964, and from February 1966 to December 1967, including service on board the USS Long Beach when that vessel operated in waters contiguous to Vietnam from November 1966 to June 1967. 

In September 2018, the Board remanded the issue of entitlement to service connection for a heart disability, to include as due to exposure to herbicide, and the issue of entitlement to service connection for diabetes mellitus, to include as due to exposure to herbicides, for further development. In an October 2020 rating decision, the Agency of Original Jurisdiction (AOJ) granted entitlement to service connection for both disabilities. As the RO’s actions represent a full grant of benefits sought, the issues are no longer on appeal before the Board. 

Generally, an appeal to the Board of a decision by the AOJ consists of a NOD submitted to the Board in accordance with the provisions of §§ 20.202-20.204. 38 C.F.R. § 20.201. 

Here, the Veteran has not submitted a NOD for the decisions made in the October 2020 rating decision. 

Accordingly, there is not a case or controversy for the Board to adjudicate, and the claims are dismissed. The Veteran is informed that he must file a NOD if he contests any decision rendered in the October 2020 rating decision (or a subsequent November 2020 rating decision) within the appeal period. 

 

 

MICHAEL D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.