Citation Nr: 21015197
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 15-36 566
DATE: March 16, 2021

ORDER

The appeal for entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

In a January 2021 rating decision, the RO granted service connection for a bilateral hearing loss disability.   

CONCLUSION OF LAW

The appeal for entitlement to service connection for bilateral hearing loss disability is dismissed.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1976 to April 1979. This matter comes before the Board of Veterans’ Appeals (Board) from a May 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the appeal in April 2019 and September 2020.

The appeal for entitlement to service connection for bilateral hearing loss is dismissed. 

One of the threshold issues that the Board must address is the determination of appellate jurisdiction. 38 C.F.R. § 20.103. Generally, the Board’s jurisdiction is grounded in an appeal having been filed on an issue, or issues, in controversy. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.104. If the Board does not have jurisdiction, it may dismiss that case or issue. 38 C.F.R. § 20.104 (c).

In September 2020, the Board remanded the matter of entitlement to service connection for a bilateral hearing loss disability. In a January 2021 rating decision, the RO granted service connection for right ear hearing loss effective December 21, 2020; and left ear hearing loss effective May 17, 2012. The January 2021 rating decision represents a full grant of benefits sought on appeal. See Grantham v. Brown, 114 F.3d 1156, 1159 (Fed. Cir. 1997). 

A notice of disagreement (NOD) was not received pertaining to the initial ratings or effective dates that were assigned. Nevertheless, the RO issued a supplemental statement of the case (SSOC) on the issue of an earlier effective date for the grant of service connection for right ear hearing loss.  The SSOC appears to have been issued in error. Given the grant of service connection for hearing loss, and the fact that the Veteran has not perfected an appeal as to the effective dates or initial ratings assigned, there is no longer a case or controversy to resolve. As such, the appeal must be dismissed. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.200, 20.202.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M.Aoughsten, 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.