Citation Nr: 21011782
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 16-58 606
DATE: March 2, 2021

ORDER

Service connection for sleep apnea is dismissed.

FINDING OF FACT

Service connection is in effect for sleep apnea.

CONCLUSION OF LAW

There being no justiciable case or controversy, the Veteran’s claim of service connection for sleep apnea is dismissed. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from July 1989 to July 1992, including service in the Persian Gulf.

Sleep apnea

In a February 2021 rating decision, the RO granted service connection for sleep apnea. His claim of entitlement to service connection for sleep apnea is thus moot as the benefit sought on appeal is already in effect. See Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991). 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Alvarado- 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.