Citation Nr: 21021873
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 16-13 909
DATE: April 14, 2021

ORDER

Entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

A November 2020 rating decision granted entitlement to service connection for PTSD.  As that is considered a full grant of the benefit previously sought on appeal, the Board no longer has jurisdiction and the matter must be dismissed. 

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from January 1969 to October 1970.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a rating decision issued by the Department of Veterans Affairs (VA).

The Veteran testified before the undersigned Veterans Law Judge in May 2019.  A transcript of the hearing is associated with the claims file.

1. Entitlement to service connection for PTSD

The Board finds that it no longer has jurisdiction over a claim of service connection for PTSD because the agency of original jurisdiction (AOJ) already granted the benefit in November 2020.  Therefore, the appeal must be dismissed.

In September 2019, the Board remanded a claim of service connection for PTSD. After completing additional development, the AOJ granted service connection for PTSD in a November 2020 rating decision.  This is considered a full grant of the benefit sought on appeal.  Thus, the Board does not have further jurisdiction over the claim.  See 38 U.S.C. § 7105 (“appellate review shall be initiated by the filing of a Notice of Disagreement in the form prescribed by the Secretary”).  The Veteran has not filed a Notice of Disagreement or otherwise appealed the November 2020 rating decision, and the appeal appears to have been erroneously returned to the Board.  In sum, the Board cannot adjudicate a claim for a benefit that has already been granted and, thus, the matter must be dismissed.   

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.