Citation Nr: 21024299
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 12-28 652
DATE: April 22, 2021

ORDER

The appeal for entitlement to service connection for hepatitis C is dismissed.

FINDING OF FACT

The November 2020 rating decision granting service connection for hepatitis C represents a complete grant of the benefit sought in the appeal with regard to the Veteran’s hepatitis C claim.

CONCLUSION OF LAW

The criteria for dismissal of the appeal as to the claim for service connection for hepatitis C are met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 1968 to September 1970. 

This case was most recently before the Board of Veterans’ Appeals in June 2018, at which time, the Board remanded the Veteran’s claim for further development.

Dismissal – Service Connection for Hepatitis C

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. Here, as a result of action by the agency of original jurisdiction (AOJ) in November 2020, there no longer remains a case or controversy with respect to the claim for service connection for hepatitis C. The Board lacks jurisdiction over this issue because it has been granted and rendered moot on appeal. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 19.55. Thus, dismissal of the appeal of this claim is warranted.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Davidoski, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.