Citation Nr: 21027975
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 15-24 843
DATE: May 10, 2021

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is dismissed as moot.

FINDING OF FACT

By way of an August 2020 rating decision, VA has already granted the Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD.

CONCLUSION OF LAW

The appeal of the service connection claim for an acquired psychiatric disorder, to include PTSD, is moot. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1980 to September 1980, and from November 2004 to January 2006. 

On appeal is an August 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. The Veteran testified before the undersigned Veterans Law Judge in June 2019. A transcript of this hearing is of record. When the matter was initially before the Board of Veterans' Appeals (Board), the Board remanded for additional development. The requested development has been completed and the matter returned to the Board.

1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD.

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. 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).

A review of the record shows that, following the December 2019 remand, a new VA examination was obtained in January 2020 that diagnosed the Veteran with PTSD and provided a nexus to service. Based thereon, the RO issued an August 2020 rating decision that granted the Veteran's claim of entitlement to service connection for an acquired psychiatric disorder, to include PTSD. This constitutes a full grant of the benefit sought on appeal. Accordingly, the claim currently on appeal is moot because the benefit sought on appeal has already been granted. Based on the foregoing, the Board finds that the issue of entitlement to service connection for an acquired psychiatric disorder, to include PTSD, should be dismissed as already granted and there is no justiciable case or controversy before the Board at this time with respect to this claim. 38 U.S.C. § 7105 (d).

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Jiggetts

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.