Citation Nr: 21021496
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 07-31 006
DATE: April 13, 2021

ORDER

The issue of a total disability rating based on individual unemployability (TDIU) is dismissed as moot.

FINDING OF FACT

In a January 2021 rating decision issued before the promulgation of a decision in this appeal, the agency of original jurisdiction (AOJ) granted a TDIU effective January 6, 2006, representing a full grant of the benefit sought on appeal.

CONCLUSION OF LAW

The appeal is dismissed as there remains no disagreement of law or fact on appeal as the AOJ granted the benefit sought on appeal in full and rendered moot the claim of a TDIU.  38 U.S.C. § 7105(d).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1960 to February 1963.

This case is before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision from a Department of Veterans Affairs (VA) AOJ.  The Board remanded this case for further development in October 2018 and June 2020.

The issue of an increased rating for the Veteran’s service-connected chronic adjustment disorder with anxiety, depression, and paranoia is not before the Board as in February 2021, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested a review of a January 2021 supplemental statement of the case (SSOC); therefore, the Board lacks jurisdiction over this issue.

A January 2021 rating decision granted TDIU effective January 6, 2006, the entire period on appeal, which constituted a full grant of the benefit sought.  There remains no disagreement of law or fact for the Board to resolve; therefore, the Board lacks jurisdiction over this issue, and the appeal is dismissed.  38 U.S.C. § 7105(d). 

 

T. V. CASEY

Acting Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.