Citation Nr: 21014212
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 17-22 101
DATE: March 11, 2021

ORDER

Whether the Veteran's character of discharge is a bar to the receipt of Department of Veterans Affairs (VA) benefits is dismissed.

FINDING OF FACT

In an August 2019 administrative decision, the Agency of Original Jurisdiction (AOJ) determined that the Veteran’s service was honorable for VA purposes.

CONCLUSION OF LAW

The issue of whether the Veteran's character of discharge is a bar to the receipt of VA benefits is moot and is dismissed.  Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997); Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1969 to December 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 decision by a Department of Veterans Affairs Regional Office (RO).

In his April 2017 substantive appeal, the Veteran requested a videoconference hearing before the Board.  See April 2017 VA Form 9.  However, there is no valid claim before the Board.  As such, the Veteran’s request for a Board hearing is deemed withdrawn.  See 38 C.F.R. § 20.704(e). 

Whether the Veteran’s character of discharge is a bar to the receipt of Department of Veterans Affairs (VA) benefits is dismissed.

During the pendency of the appeal, an August 2019 administrative decision found that the Veteran’s period of service from March 10, 1969 through December 21, 1973 was honorable for VA purposes.  As the Veteran’s claim has been granted, the issue is no longer in appellate status as there is no case or controversy presently before the Board.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).  Therefore, the appeal pertaining to whether the Veteran’s character of discharge is a bar to the receipt of Department of Veterans Affairs (VA) benefits must be dismissed.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.