Citation Nr: 21022629 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 11-00 854 DATE: April 16, 2021 ORDER Entitlement to service connection for respiratory disorder, identified as allergic rhinitis, to include as secondary to herbicide exposure, is moot and dismissed. FINDING OF FACT In a January 2021 rating decision, service connection for allergic rhinitis was granted. CONCLUSION OF LAW The criteria for dismissal of entitlement to service connection for respiratory disorder, diagnosed as allergic rhinitis, have been met. 38 U.S.C. § 511, 7104, 7105; 38 C.F.R. § 20.104. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the United States Army from September 1964 to September 1966. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2010 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO). In August 2012, the Veteran testified at a Board hearing. A transcript of the hearing has been associated with the claims file. The Veteran’s Law Judge (VLJ) who conducted the hearing has since retired. The Veteran initially invoked his right to appear at an additional hearing but subsequently withdrew his request. See November 2017 and August 2018 Statements in Support of Claim. On October 2020, the Veteran was erroneously sent a hearing scheduling letter providing him the option to have a virtual tele-hearing. A memorandum to the file was issued later that month indicating that the October 2020 notice was sent in error and the Veteran has not requested a new hearing. In an April 2014 decision, the Board denied the claim for service connection for a respiratory disorder, as well as service connection claims for abdominal and liver disorders. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a November 2015 Memorandum Decision, the Court vacated the April 2014 denials and remanded the issues for additional development. In July 2016, October 2018, the November 2020, the Board remanded the issues for further development. As noted below, the claim for service connection for a respiratory disorder. The Board notes that the Veteran perfected an appeal under the Appeal Modernization Act (AMA) for the service connection claims for abdominal and liver disorders, which will be adjudicated in a separate Board decision. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900 (c). Entitlement to service connection for respiratory disorder, to include as secondary to herbicide exposure, is dismissed. The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105; 38 C.F.R. § 20.202. During the pendency of the appeal, the RO granted service connection for allergic rhinitis in January 2021. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). The benefit sought on appeal has been granted. Thus, there is no remaining allegation of error of fact or law for appellate consideration with respect to this claim. The Board does not have jurisdiction to review the issue, and it is dismissed. The Board acknowledges that in March 2021, the Veteran filed a request for Higher Level review of the initial rating assigned for his now service-connected allergic rhinitis. This claim has not been appealed, is not presently before the Board, and will be addressed by the Agency of Original Jurisdiction (the RO). DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. Asfaw, 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.