Citation Nr: 21023392
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 14-44 314
DATE: April 20, 2021

ORDER

Entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

In a July 2020 rating decision the agency of original jurisdiction (AOJ) granted service connection for bilateral hearing loss, representing a full grant of the benefit sought on appeal.

CONCLUSION OF LAW

The criteria for dismissal of the issue of service connection for bilateral hearing loss are met.  38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 6, 1975 to October 17, 1975; from July 17, 1976 to July 31, 1976; from July 8, 1978 to July 22, 1978; from July 10, 1980 to July 26, 1980; and from July 11, 1981 to July 25, 1981.

The Veteran presented testimony before the undersigned VLJ in a September 2016 Board hearing.  A transcript of this hearing has been prepared and is of record.

This issue was last before the Board in September 2019 when it was remanded for additional development.  While on appeal, the AOJ granted service connection in a July 2020 Rating Decision, thus the Board dismisses the issue as a matter of law.

Entitlement to service connection for bilateral hearing loss

As noted above, the issue of entitlement to service connection for bilateral hearing loss was remanded by the Board in September 2019.  Subsequently, in a July 2020 rating decision, service connection was granted for bilateral hearing loss. 

As a result of the AOJ’s grant of the claim for service connection for bilateral hearing loss, the claim is dismissed as a matter of law, as there remains no case or controversy, or dispute of fact or law, as the benefit sought on appeal was granted. Thus, there remains no disagreement of law or fact for the Board to resolve, and the appeal is dismissed.

Accordingly, the claim is dismissed.  38 U.S.C. § 7105(d).

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Nelson

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.