Citation Nr: 21015131
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 11-28 030
DATE: March 16, 2021

ORDER

Entitlement to service connection for non-Hodgkin's lymphoma is dismissed.

FINDING OF FACT

During the pendency of the appeal, the agency of original jurisdiction (AOJ) granted service connection for non-Hodgkin’s lymphoma; and, for that reason, there is no issue remaining in controversy with respect to the claim for service connection for non-Hodgkin’s lymphoma.

CONCLUSION OF LAW

The appeal regarding entitlement to service connection for non-Hodgkin’s lymphoma is dismissed.  38 U.S.C. § 7105(d)(5).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from October 1989 to October 1995.  

In November 2016, the Veteran testified before the undersigned Veterans Law Judge in a Board Hearing.  A transcript of that hearing is of record. 

This matter was previously before the Board in September 2019, when it was remanded for additional development.

The Board may entertain an appeal where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105(d) (5).  The Veteran appealed the denial of service connection for non-Hodgkin’s lymphoma.  See July 2010 Notice of Disagreement (NOD).  Following remand by the Board, the Veteran’s claim for service connection for non-Hodgkin’s lymphoma was granted by the AOJ in a July 2020 rating decision.  Thus, the Board finds that the issue of service connection for non-Hodgkin’s lymphoma should be dismissed as already granted and there is no justiciable case or controversy before the Board at this time with respect to this disability.  38 U.S.C. § 7105(d) (5). Accordingly, the appeal with respect to the issue of entitlement to service connection for non-Hodgkin’s lymphoma is dismissed.

In February 2021, the Veteran’s representative submitted an appellate brief indicating the issue on appeal to be continued entitlement to compensation for non-Hodgkin’s lymphoma.  Actions were taken in October 2020 proposing to sever service connection for non-Hodgkin’s lymphoma.  The AOJ has not finalized the 

 

proposed action at this time. Moreover, the question of whether or not the severing of service connection, if such is even finalized, would be the subject of a separate appeal.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Smith, 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.