Citation Nr: 21024599
Decision Date: 04/23/21	Archive Date: 04/23/21

DOCKET NO. 07-14 238
DATE: April 23, 2021

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to July 19, 2017 is dismissed.

FINDING OF FACT

The Veteran’s issue of entitlement to a total disability rating based on individual unemployability prior to July 19, 2017 was adjudicated in a February 2021 Board decision.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to a TDIU based on individual unemployability prior to July 19, 2017 are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran active service from July 1970 to June 1973. He testified at a Board hearing before the undersigned in March 2017; a transcript is of record. 

Entitlement to a total disability rating based on individual unemployability prior to July 19, 2017 

The Board merged this issue with another before it and entered a decision in February 2021.  It appears that this matter was separately returned for consideration and to clear the record is dismissed herein.

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 (d)(5). 

By the adjudication of the Veteran’s TDIU claim in a February 2020 Board decision, the Board finds that under the criteria of 38 C.F.R. § 19.55, there remains no remaining case or controversy for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal seeking entitlement to TDIU prior to July 19, 2017 and the appeal of this claim is dismissed .

 

 

MICHAEL D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Harris, Michael E.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.