Citation Nr: 21008917
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 20-02 896
DATE: February 18, 2021

ORDER

Entitlement of dependent benefits for the Veteran's spouse, D.L. is dismissed.

FINDING OF FACT

On February 11, 2021 (in a letter dated February 12, 2021), prior to the promulgation of the decision, VA granted the claim for additional dependency benefits.  

CONCLUSION OF LAW

Because the benefits have been granted prior to the promulgation of the decision, claim has been satisfied and the Board has no jurisdiction over the issue of entitlement to dependency benefits for the Veteran’s spouse. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.104.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1967 to December 1969.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2018 administrative decision of a Department of Veterans Affairs (VA) Regional Office (RO).

A VA Form 10182 was received in December 2020 purportedly to opt into the modernized review system effective February 19, 2019.  The decision on which opt-in was based was a November 2019 Statement of the Case.  The opt-in to the modernized review system is more than one year following the Statement of the Case.  It is therefore untimely, and the Board will decide the case under the legacy appellate system.

1. Entitlement of dependent benefits for the Veteran's spouse, D.L.

The appeal arises from the Veteran’s claim for dependency compensation for his wife, D.L.

On February 11, 2021, the Agency of Original Jurisdiction issued a letter dated February 12, 2021, notifying the Veteran that his claim for dependency compensation was awarded.  The issue, therefore, is fully resolved and is no longer on appeal.  Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

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There remain no allegations of errors of fact or law for appellate consideration with respect to these claims.  Under these circumstances, these issues are no longer within the Board’s jurisdiction.  See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc), aff'd, 39 F.3d 1574 (Fed. Cir. 1994) (holding that the Board is without the authority to proceed on an issue if the claimant indicates that consideration of that issue should cease).  Accordingly, the Board does not have jurisdiction to review the appeal of this issue, and it is dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Rocktashel, 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.