Citation Nr: 21022366
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 16-62 598
DATE: April 15, 2021

ORDER

The Veteran’s appeal seeking entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

A July 2020 rating decision granted service connection for bilateral hearing loss, and there remains no case or controversy for appellate consideration.

CONCLUSION OF LAW

The appeal seeking service connection for bilateral hearing loss is dismissed.  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 in the United States Air Force from June 1960 to June 1968.  In April 2018, July 2019, and April 2020, the Board of Veterans’ Appeals (Board) remanded the issue of service connection for bilateral hearing loss to the Agency of Original Jurisdiction (AOJ) for additional evidentiary development.  A July 2020 rating decision granted service connection for bilateral hearing loss.

Entitlement to service connection for bilateral hearing loss is dismissed.

As noted above, an April 2020 Board decision remanded the issue of entitlement to service connection for bilateral hearing loss to the AOJ for additional evidentiary development.  Following the directed development, a July 2020 rating decision granted service connection for bilateral hearing loss.  The appeal was returned to the Board in error because there is no longer a case or controversy for appellate consideration.  See Shoen v. Brown, 6 Vet. App. 456, 457 (1994).  The Board no longer has jurisdiction over the appeal, and it is dismissed.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.104

 

 

L. STEPANICK

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Skowronski, William

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.