Citation Nr: 21027238 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 16-36 575 DATE: May 5, 2021 ORDER The appeal of the claim for service connection for a low back disability is dismissed. FINDING OF FACT In light of the July 2020 Board decision that denied the issue of entitlement to service connection for a low back disability, there remains no matter in controversy. CONCLUSION OF LAW The criteria for dismissal of appeal of the claim for service connection for a low back disability have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION Service connection for a low back disability In a July 2020 decision, the Board, in relevant part, denied service connection for a low back disability. Regrettably, the 30 days for the Veteran to respond to a June 2020 supplemental statement of the case on that issue had not expired, and the appeal of that issue had not been received officially by the Board. However, the Veteran has not submitted any argument or evidence on that issue since the issuance of the supplemental statement of the case. Thus, the Board observes that there was no denial of due process to warrant a vacatur of the July 2020 Board decision as to that issue. The appeal of the issue of entitlement to service connection for a low back disability was officially received by the Board in August 2020. While the Board regrets the situation caused by this administrative error, in light of the July 2020 Board decision that denied the issue, there remains no matter in controversy as to this matter. Accordingly, the appeal must be dismissed for lack of jurisdiction. 38 U.S.C. §§ 7104(a), 7105(d)(5). THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. W. Kim, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.