Citation Nr: 21010456 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 08-12 824 DATE: February 24, 2021 ORDER Service connection for an acquired psychiatric disorder, to include PTSD, is dismissed for lack of case or controversy. FINDING OF FACT The Veteran’s claim for PTSD was granted; thus, there is no case or controversy on which the Board must render a decision. CONCLUSION OF LAW As the Veteran’s claim for service connection for PTSD has been granted, there is no case or controversy on which the Board must render a decision. 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 June 1968 to July 1970. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a February 2006 rating decision which denied service connection for an acquired psychiatric disorder, to include PTSD, anxiety disorder, and depression. The Veteran and his sister testified at a Board hearing at the local regional office (RO) before the undersigned Veterans Law Judge (VLJ) in June 2013. A transcript of the hearing is associated with the Veteran’s electronic record. The Veteran’s claims have a long procedural history which was described in an August 2018 Board decision denying the Veteran’s claims. Thereafter, the Veteran appealed the denial to United States Court of Appeals for Veterans Claims (Court). In a June 2019 Court memorandum decision, the Board’s decision was vacated and the claims were remanded for further action consistent with the Court decision. The Veteran’s claims were remanded by the Board in July 2020 for additional development. That development was completed. Service connection for PTSD is dismissed for lack of case or controversy Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. In December 2020, the RO granted the Veteran’s claim for service connection for PTSD. However, a supplemental statement of the case was issued for the claim for service connection for “an acquired psychiatric disorder, other than PTSD, to include anxiety disorder and depressive disorder.” That claim was sent to the Board for adjudication. The Board has considered the Veteran’s history of his claim for service connection and finds that the claims for service connection for PTSD and “other than PTSD” were separated through a September 2014 Board decision because the Board found that the Veteran did not have a diagnosis of PTSD, but that he did have a diagnosis of anxiety and depression. This separation was more for the sake of clarification in the decision than procedural reasons or at the Veteran’s request. Prior to this, there was one claim of service connection for an acquired psychiatric disorder, to include PTSD, anxiety, and/or depression. Given this, claims have been recharacterized as “an acquired psychiatric disability, to include PTSD” pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009). Because of this recharacterization, the RO granted the claim on appeal in the December 2020 rating decision. This represents a full grant of benefits. Grantham v. Brown, 114 F.3d 1156, 1159 (Fed. Cir. 1997). As there are no remaining allegations of error of fact or law for appellate consideration, the appeal is dismissed. 38 U.S.C. § 7105 (d)(5). Bethany L. Buck Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. M. Hitchcock 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.