Citation Nr: 21023690
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 04-37 824
DATE: April 21, 2021

ORDER

As the claim was granted in a May 2020 rating decision, the issue of entitlement to service connection for schizophrenia is dismissed.

FINDING OF FACT

1.   A May 2020 rating decision continued a 100 percent rating for posttraumatic stress disorder (PTSD) with major depressive disorder and schizoaffective disorder, depressive type.

2.   The appeal for service connection for schizophrenia has been granted in full.

CONCLUSION OF LAW

As the claim for entitlement to service connection for schizophrenia has been granted in full, the Board has no jurisdiction to adjudicate the merits of the claim at this time.  38 U.S.C. § 7105(d)(5).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1974 to September 1975.

This case comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2003 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2009, the Board issued a decision denying entitlement to service connection for a psychiatric disorder, to include schizophrenia.  The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court).  In June 2011, the Court vacated the April 2009 Board decision and remanded the issue for further consideration consistent with a Joint Motion for Partial Remand (JMR) filed by counsel for the Veteran and the VA Secretary.

The issue of entitlement to service connection for schizophrenia was remanded by the Board in March 2012, November 2016, May 2018, June 2019, and April 2020 decisions.

Entitlement to service connection for schizophrenia.

Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.

Prior to May 2020, the Veteran was in receipt of a 100 percent rating for PTSD with major depressive disorder. See Rating Decision (July 2018).  On May 21, 2020, the RO continued a 100 percent evaluation for PTSD with major depressive disorder and schizoaffective disorder, depressive type.  See Rating Decision Narrative (May 2020).  All mental disorders are rated under the General Formula for Mental Disorders (General Formula) except for eating disorders (anorexia nervosa, bulimia nervosa).  38 C.F.R. § 4.130.  In general, the evaluation of the same “disability” or the same “manifestations” under various diagnoses is prohibited.  38 C.F.R. § 4.14.  Though not explicitly worded as such, the May 2020 rating decision granted service connection for schizoaffective disorder, claimed as schizophrenia.

As the RO granted in full the benefit sought by the Veteran, there is no remaining allegation of error of fact or law for appellate consideration.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board).

Accordingly, the Board does not have jurisdiction over the appeal, and it is dismissed.

 

M. C. WILSON

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Edwards

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.