Citation Nr: 21006801
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 14-25 216
DATE: February 5, 2021

ORDER

The appeal seeking service connection for polymyositis is dismissed. 

FINDING OF FACT

Prior to promulgation of an appellate decision, a June 2017 rating decision awarded service connection for polymyositis of multiple systems, which constituted a complete grant of the claim on appeal.

CONCLUSION OF LAW

There is no allegation of fact or law properly before the Board. 38 U.S.C. § 7104; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from April 1972 to March 1974, including foreign service. 

Historically, service connection for polymyositis was denied in a June 2013 rating decision.

The Veteran submitted a timely Notice of Disagreement (NOD) in December 2013.  In February 2014, VA acknowledged receipt of the Veteran’s NOD and provided guidance as to his selection of either the Decision Review Officer (DRO) or traditional appeal process.  In May 2014, the Veteran contacted VA and requested DRO review of his appeal.

As such, a Statement of the Case (SOC) was issued that same month.  The Veteran then perfected his appeal to the Board, which remanded the matter for additional development in June 2016 under the same docket number as that assigned herein.

In the interim, the Veteran submitted an October 2014 VA Form 21-0958; under the specific area of disagreement, he noted his prior request for DRO review of his appeal.  An SOC was then issued in March 2017 which denied DRO review of the December 2013 NOD.  The Veteran responded by providing an April 2017 VA Form 9.

In a June 2017 rating decision, service connection for polymyositis, to include of multiple systems, was awarded.  Such constitutes a complete grant of the benefit being sought, and the Veteran has not expressed dissatisfaction with these awards at any time.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board).

Thereafter, a separate appeal stream was certified to the Board in September 2018.  Under docket number 17-19 911, the Board issued a January 2020 decision which dismissed a purported claim as to whether a DRO review election was timely received with respect to the December 2013 NOD.

Subsequently, an appeal addressing the Veteran’s entitlement to service connection for polymyositis was recertified to the Board under the current docket number.

Given the above history, there is no case or controversy for the Board to adjudicate at this time.  With respect to docket number 14-25 216, the June 2017 rating decision constitutes a complete grant of the benefit being sought.  

Thus, this appeal has been recertified to the Board in error, as there remains no case or controversy for adjudication.  Consequently, the appeal is dismissed.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997); see also 38 U.S.C. § 7104; 38 C.F.R. § 20.101. 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Kovarovic, 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.