Citation Nr: 21025704
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 17-67 178
DATE: April 28, 2021

ORDER

Entitlement to service connection for pancreatitis, secondary to service-connected posttraumatic stress disorder (PTSD) with alcohol use disorder is dismissed.

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the current appeal, the Veteran was awarded service connection for pancreatitis, representing a full grant of benefits sought on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to service connection for pancreatitis as secondary to PTSD with alcohol use disorder. 38 U.S.C. § 7105 (b)(2), (d)(5); AB v. Brown, 6 Vet. App. 35, 38 (1993).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1987 to September 1989. This matter comes before the Board of Veterans’ Appeals (Board) from rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously remanded by the Board in March 2021.

After the March 2021 Board remand, the agency of original jurisdiction (AOJ) completed the proscribed remand directive of obtaining a VA medical examination and opinion. As noted below, an April 2021 rating decision granted the Veteran’s claim for service connection for pancreatitis. However, it appears the AOJ failed to readjudicate and issue a supplemental statement of the case (SSOC) regarding the Veteran’s TDIU claim. The Veteran’s TDIU claim requires that the AOJ issue an SSOC in order to provide adequate notice to the Veteran and his representative. 38 C.F.R. § 19.31(c). 

1. Entitlement to service connection for pancreatitis

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.

The appeal on the merits of the Veteran’s claim of entitlement to service connection for pancreatitis has become moot by virtue of an April 2021 decision awarding service connection for pancreatitis. As such, there remain no allegations of errors of fact or law for appellate consideration. Thus, the appellant’s claim of entitlement to service connection for pancreatitis, secondary to PTSD with alcohol use disorder, must be dismissed for lack of jurisdiction. See 38 U.S.C. §§ 7104 (a), 7105(d)(5); AB, 6 Vet. App. at 38.

REASONS FOR REMAND

1. Entitlement to a TDIU is remanded.

The Board remanded this matter in April 2021 and, the AOJ has not issued a supplemental statement of case (SSOC) as required after a Board remand. 38 C.F.R. § 19.31 (c). The Board notes that the Veteran’s combined disability rating is 100 percent effective August 19, 2016.  However, as the Veteran’s PTSD is rated at 70 percent, the issue of TDIU is not moot. See Bradley v. Peake, 22 Vet. App. 280 (2008). Therefore, an SSOC must be obtained regarding the Veteran’s claim for entitlement to a TDIU prior to August 19, 2016. 

The matters are REMANDED for the following action:

1. Readjudicate the claim for TDIU in light of all the evidence of record. If any benefit(s) sought on appeal remain denied, furnish to the Veteran and his attorney an SSOC that includes discussion of the reasons and bases for all determinations, and afford them an appropriate time period for response.

 

 

D. SMART

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Robert Batten

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.