Citation Nr: 21027741 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 15-31 051 DATE: May 6, 2021 ORDER The appeals of service connection for chronic obstructive pulmonary disorder, erectile dysfunction, chloracne, skin cancer, and gastroesophageal reflux disease is dismissed. REMANDED Entitlement to service connection for residuals of a low back injury is remanded. Entitlement to service connection for peripheral neuropathy of the left hand is remanded. Entitlement to service connection for peripheral neuropathy of the right hand is remanded. Entitlement to service connection for peripheral neuropathy of the left upper extremity is remanded. Entitlement to service connection for peripheral neuropathy of the right upper extremity is remanded. Entitlement to service connection for peripheral neuropathy of the left lower extremity is remanded. Entitlement to service connection for peripheral neuropathy of the right lower extremity is remanded. Entitlement to a compensable disability rating for service-connected dermatophytosis prior to October 22, 2020, and greater than 30 percent, thereafter, is remanded. FINDING OF FACT The agency of original jurisdiction (AOJ) granted service connection for chronic obstructive pulmonary disease, erectile dysfunction, chloracne, skin cancer, and gastroesophageal reflux disease in a February 2021 rating decision. CONCLUSION OF LAW The criteria for dismissal of the issues of service connection for chronic obstructive pulmonary disease, erectile dysfunction, chloracne, skin cancer, and gastroesophageal reflux disease are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from January 1966 to May 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA), Regional Office (RO) in Louisville, Kentucky and Waco, Texas. This matter was previously before the Board in October 2018 at which time, in pertinent part, it was remanded for additional development. It is now returned to the Board. In a February 2021 rating decision, the AOJ granted service connection for chronic obstructive pulmonary disease, erectile dysfunction, chloracne, skin cancer, and gastroesophageal reflux disease. This represents a complete grant of the respective benefit sought on appeal. It is well-established judicial precedent that when there is no case or controversy, or when a once live case or controversy becomes moot, an appellate body lacks jurisdiction. The law provides that the Board may dismiss an appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. Thus, as the Veteran was granted service connection for chronic obstructive pulmonary disease, erectile dysfunction, chloracne, skin cancer, and gastroesophageal reflux disease in the February 2021 rating decision, the respective claims have been rendered moot, and there is no outstanding error of fact or law for the Board to address. Thus, the appeal as to each issue must be dismissed as the benefits sought have already been granted. REASONS FOR REMAND In February 2021, the AOJ issued a issued a Supplemental Statement of the Case that addressed the issues of service connection for residuals of a low back injury, service connection for peripheral neuropathy of the left and right hands, service connection for peripheral neuropathy of the left and right upper extremities, service connection for peripheral neuropathy of the left and right lower extremities, and an increased disability rating for the service-connected dermatophytosis. The Veteran's representative was copied on the Supplemental Statement of the Case. However, in March 2021, the copy of the Supplemental Statement of the Case that had been mailed to the representative's office was returned as undeliverable. This communication was mailed to an incorrect mailing address. As such, another remand is required for a copy of the Supplemental Statement of the Case to be sent to the correct mailing address of the Veteran's representative and for the representative to have an opportunity to respond, if he so chooses. The matters are REMANDED for the following action: Send the Veteran's representative a copy of the February 2021 Supplemental Statement of the Case to his current mailing address as shown in the earlier and subsequent correspondence. An appropriate period of time must be allowed for response. Thereafter, the claims should be returned to the Board for further appellate review, if in order. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Orfanoudis, 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.