Citation Nr: 21014779 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 17-61 055 DATE: March 15, 2021 ORDER The issue having already been adjudicated, the claim of entitlement to service connection for delirium is dismissed as moot. FINDINGS OF FACT 1. In a January 2021 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for post-traumatic stress disorder (PTSD) (claimed as residuals of concussion, to include depression, headaches, abrasion, and facial scars). 2. The matter currently before the Board, listed as entitlement to service connection for delirium, is encompassed by the grant of service connection for PTSD. CONCLUSION OF LAW The criteria for dismissal of the claim of entitlement to service connection for delirium have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from December 1967 to May 1988. Among other notable commendations, the Veteran received the Vietnam Service Medal with three Purple Hearts and the Combat Action Ribbon with device. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). By way of additional background, the Board notes that the Veteran was originally denied entitlement to service connection for residuals of concussion in a December 1988 rating decision, which became final. In a February 2019 remand, the Board concluded that VA had since received new and material evidence and the Board reopened and remanded the Veteran’s claim. Upon remand, the RO granted entitlement to service connection for PTSD (claimed as residual of concussion, to include depression, headaches, abrasion, and facial scars). The RO separately adjudicated a claim specifically regarding a headache disorder, to include as secondary to the Veteran’s service-connected cervical spine condition. The Board finds that the RO substantially complied with the remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). In Clemons v. Shinseki, 23 Vet. App. 1 (2009), the United States Court of Appeals for Veteran’s Claims (Court) held that the scope of a mental health disability claim includes any mental disorder that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and other information of record. See also 38 C.F.R. § 3.159(a)(3). In this case, the claim on appeal is listed as entitlement to service connection for delirium, a condition which is rated under 38 C.F.R. § 4.130, the Schedule of Ratings for Mental disorders, and is a condition reasonably encompassed by the claim of entitlement to an acquired psychiatric condition, such as PTSD and depression. Pursuant to AB v. Brown, 6 Vet. App. 35, (1993), a claimant will generally be presumed to be seeking the maximum benefit allowed by law and regulation, and such a claim remains in controversy where less than the maximum available benefit is awarded. Here, as delirium falls under the scope of entitlement to service connection for an acquired psychiatric condition as expanded under Clemons, and as service connection has already been granted for PTSD, there remains no claim in controversy. This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a)(2) and 38 C.F.R. § 20.900(c). Dismissal As noted above, the AOJ has already issued a decision on the matter contemplated by the issue on appeal and has granted in full the benefit sought. As such, the claim of entitlement to service connection for delirium is dismissed. 38 U.S.C. §§ 7104(a), 7105(d)(5). Timothy Berryman Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Hart, 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.