Citation Nr: 21006257
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 16-58 604
DATE: February 3, 2021

ORDER

The claim of entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

A January 29, 2021 rating decision recognized PTSD as being of service-connected origin, and there is no longer a case or controversy as to that issue.

CONCLUSION OF LAW

The Board lacks jurisdiction over the issue of entitlement to service connection for PTSD because that issue has been rendered moot on appeal. 38 U.S.C. § 7104 (2012); 38 C.F.R. §§ 20.101, 20.200, 20.202 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1994 to June 1998.

In a July 2019 decision, the Board declined to grant entitlement to service connection for PTSD. A February 2020 Court of Appeals for Veterans Claims (CAVC) order vacated the Board’s decision regarding this issue and adopted a Joint Motion for Remand (JMR) for reconsideration of the Veteran’s claim. In August 2020, the Board remanded this issue for further development.

1. Entitlement to service connection for PTSD is dismissed.

Subsequent to the Board’s August 2020 remand, the Agency of Original Jurisdiction (AOJ) obtained a December 2020 VA examination regarding the claim of entitlement to service connection for PTSD. A January 29, 2021 rating decision recognized PTSD as being of service-connected origin and assigned a rating with the previously service-connected persistent depressive disorder. Notably, the agency of original jurisdiction (AOJ) favorably decided the claim while the appeal had been certified for appellate review.

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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. In the present case, after certification to the Board for adjudication, the Veteran’s claim for entitlement to service connection for PTSD was granted. This constitutes a full grant of the benefits sought. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). Hence, there remain no allegations of errors of fact or law for appellate consideration regarding this claim. The claim is now moot, and accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. See 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204(b), (c).

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Howell, 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.