Citation Nr: 21009603
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 15-22 352
DATE: February 22, 2021

ORDER

Service connection for benign prostatic hypertrophy (BPH) with residual lower urinary tract symptoms is dismissed.

FINDING OF FACT

A November 2020 rating decision granted entitlement to service connection for BPH.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for BPH have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1968 to April 1970. The record reflects that he is in receipt of the Combat Infantryman Badge and Purple Heart. This matter is on appeal from a February 2011 rating decision. 

Procedurally, the Board initially denied the Veteran’s service connection claim for benign prostatic hypertrophy (BPH) with residual lower urinary tract symptoms in a February 2019 decision. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). Pursuant to a Joint Motion for Partial remand, the Court issued an Order in February 2020, remanding the matter for action consistent with the JMR. 

The Board subsequently remanded the matter for development in a June 2020 remand. After the necessary development the AOJ granted the service connection claim for BPH in a November 2020 rating decision. 

The Board has jurisdiction in all matters where there is a question of law or fact necessary for a decision by the Secretary of Veterans Affairs under a law that affects the provision of benefits by the Secretary to veterans or their dependents or survivors. 38 U.S.C. § 7105. The Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. 

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As previously noted, following a June 2020 Board remand, AOJ granted the Veteran’s claim for service connection for BPH in a November 2020 rating decision. The Veteran has not filed any subsequent Notice of Disagreement in response to the June 2020 rating decision. As such, the Veteran’s appeal for entitlement to service connection for a BPH condition is moot, as the benefit sought on appeal has already been granted. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997); 38 U.S.C. §§ 7104 (a), 7105(d)(5). Therefore, there is no case or controversy concerning whether the Veteran is entitled to the benefit sought, as the issue has been granted, the appeal is dismissed.

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Yeh, 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.