Citation Nr: 21021962
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 16-48 644
DATE: April 14, 2021

ORDER

The appeal of entitlement to service connection for erectile dysfunction (ED), to include as a residual of circumcision, is dismissed.

The appeal of entitlement to an initial disability rating in excess of 30 percent for headaches, not otherwise specified (NOS), is dismissed.

FINDING OF FACT

In March 2021, the Board of Veterans’ Appeals (Board) issued a decision on the Veteran’s claims of entitlement to service connection for ED, to include as a residual of circumcision, and to an initial disability rating in excess of 30 percent for headaches, NOS.

CONCLUSION OF LAW

As a Board decision has been issued on the Veteran’s appeal of entitlement to service connection for ED, to include as a residual of circumcision, and to an initial disability rating in excess of 30 percent for headaches, NOS, the Board has no jurisdiction to review these claims again as there is no longer an issue of controversy in appellate review before the Board.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1965 to May 1967.

This appeal to the Board arose from a December 2013 rating decision issued by the Department of Veterans Affairs (VA).  See April 2014 Notice of Disagreement (NOD); August 2016 Statement of the Case (SOC); September 2016 Substantive Appeal (VA Form 9).

In November 2018, the Board denied the Veteran’s claims.  November 2018 Board decision.

The Veteran appealed to the November 2018 Board decision to the Court of Appeals for Veterans Claim (CAVC) and, through Joint Motion for Partial Remand, the claims were remanded for further development and reasons and bases.  December 2019 CAVC decision.

In May 2020, the Board remanded the claims for the development indicated by the December 2019 CAVC decision and to allow the Agency of Original Jurisdiction (AOJ) to review additional evidence received into he claims file.  May 2020 Board decision.

After the development was completed and the case was returned to the Board, the claims were denied in a March 2021 Board decision.

This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.800(c).  38 U.S.C. § 7107(a)(2).

The appeals of entitlement to service connection for ED, to include as a residual of circumcision, and to an initial disability rating in excess of 30 percent for headaches, NOS, are dismissed.

As discussed above, the March 2021 Board decision adjudicated the Veteran’s claims of entitlement to service connection for ED, to include as a residual of circumcision, and to an initial disability rating in excess of 30 percent for headaches, NOS.  As directed by the December 2019 CAVC decision, the May 2021 Board decision had considered the subsequent December 2020 VA examiner’s findings and opinions about the residuals of the Veteran’s in service circumcision with respects to his ED and provided further reasons and bases for its findings and decision.

The Board finds that the May 2021 Board decision has fully adjudicated the above claims and there remains no further issue in controversy currently before the Board.  Dismissal of this appeal is, thus, warranted.

The Board notes that this dismissal does not affect the Veteran’s rights to appeal the May 2021 Board decision.  

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Lin

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.