Citation Nr: 21028998
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 14-12 479
DATE: May 12, 2021

ORDER

Entitlement to service connection for a low back disability is dismissed.

Entitlement to service connection for traumatic brain injury (TBI) is dismissed.

FINDINGS OF FACT

1. A December 2019 regional office (RO) rating decision granted entitlement to service connection for TBI.

2. An October 2020 RO rating decision granted entitlement to service connection for lumbosacral strain and degenerative arthritis of the spine.

CONCLUSIONS OF LAW

1. The issue of entitlement to service connection for TBI is moot.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.101, 20.200, 20.202.

2. The issue of entitlement to service connection for a low back disability is moot.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.101, 20.200, 20.202.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from January 2005 to January 2006, May 2006 to June 2007, and August 2007 to August 2009.

These matters come before the Board of Veterans' Appeals (Board) on appeal of June 2012 and September 2012 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously remanded by the Board in December 2017.  A review of the claims file shows that there has been substantial compliance with the Board's remand directives.  See Stegall v. West, 11 Vet. App. 268 (1998).  The case has been returned to the Board for review. 

Neither the Veteran nor his representative has raised any issues with regard to the duty to notify or duty to assist as they pertain to the issues decided herein.  See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that "the Board's obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board."); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument).  

1. Entitlement to service connection for a low back disability.

(Continued on the next page)

 

2. Entitlement to service connection for TBI.

As noted above, the Board remanded the issues of entitlement to service connection for a low back disability and TBI to the AOJ for further development.  Subsequently, the AOJ issued a December 2019 rating decision granting entitlement to service connection for TBI and an October 2020 rating decision granting entitlement to service connection for lumbosacral strain and degenerative arthritis of the spine.  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.  As the December 2019 and October 2020 rating decisions constitute a full grant of the benefits sought, these issues have become moot, and the claims are dismissed.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. G. LeMoine, 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.