Citation Nr: 21013724 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 18-28 240A DATE: March 10, 2021 ORDER The issue as to whether the character of the Veteran’s discharge from service is a bar to the receipt of Department of Veterans Affairs (VA) benefits is dismissed. FINDINGS OF FACT 1. In August 2019, the Board for Correction of Naval Records (BCNR) upgraded the character of the Veteran’s discharge from service from “under other than honorable conditions” to “under honorable conditions (general).” 2. In a January 2021 letter, VA notified the Veteran that the character of his discharge from service is not a bar to the receipt of VA benefits. CONCLUSION OF LAW An August 2019 BCNR upgrade of the character of the Veteran’s discharge from service to “under honorable conditions (general)” removed the bar to the receipt of VA benefits, and there is no case or controversy as to whether the character of the Veteran’s discharge from service is a bar to the receipt of VA benefits. As such, the appeal as to this issue is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.104. REFERRED ISSUES As it relates to the current appeal, the Veteran filed a claim for VA disability compensation benefits in April 2013, seeking entitlement to service connection for (1) a stress disorder, also claimed as non-combat related posttraumatic stress disorder (PTSD); (2) bipolar disorder; and (3) entitlement to a total disability rating based on individual unemployability (TDIU). See April 2013 VA Form 21-526EZ. Initially, the Veteran’s claim was denied on the grounds that the character of his discharge was a bar to VA disability compensation benefits. As discussed further below, the character of the Veteran’s discharge no longer constitutes a bar to VA disability compensation benefits. To the extent any portion of these claims remain pending, they are referred to the agency of original jurisdiction (AOJ) for appropriate action. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Navy from February 2002 to December 2002. As an initial matter, the Veteran requested a Board hearing with respect to the issue of whether the character of his discharge from service is a bar to the receipt of VA disability compensation benefits. See June 2018 VA Form 9. The Veteran failed to appear for his Board hearing scheduled in February 2020. While the Veteran later submitted correspondence indicating that he had been unable to attend the February 2020 Board hearing due to financial hardship, for the reasons discussed further below, the Board finds there is no prejudice to the Veteran in proceeding with the decision herein. In a September 2014 VA administrative decision, the character of the Veteran’s discharge from service under other than honorable conditions was determined to be a bar to the receipt of VA disability compensation benefits under 38 C.F.R. § 3.12(d)(4). See also October 2014 VA notification letter. The Veteran timely appealed the issue as to whether the character of his discharge from service is a bar to the receipt of VA disability compensation benefits. See October 2014 notice of disagreement; see also June 2018 VA Form 9. During the pendency of the Veteran’s appeal, the BCNR determined the Veteran’s discharge should be upgraded from “under other than honorable conditions” to under honorable conditions (general).” See August 2019 BCNR decision. Under 38 C.F.R. § 3.12(e), an honorable discharge or a discharge under honorable conditions issued through a board for correction of records established under 10 U.S.C. § 1552 is final and conclusive on VA. In this case, the action of the BCNR sets aside any prior bar to benefits imposed under 38 C.F.R. § 3.12(c) or (d). In a January 2021 letter, VA notified the Veteran that the character of his discharge from service is not a bar to the receipt of VA benefits. Accordingly, the benefit sought on appeal has been granted—namely, that the character of the Veteran’s discharge from service is not a bar to the receipt of VA disability compensation benefits. As such, there remains no case or controversy for the Board to resolve regarding the Veteran’s character of discharge, and the issue of whether the character of the Veteran’s discharge from service is a bar to the receipt of VA benefits is dismissed. 38 U.S.C. § 7105. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Mask, 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.