Citation Nr: 21029558
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 16-43 639
DATE: May 13, 2021

ORDER

Entitlement to service connection for lumbosacral strain (claimed as major back pain (upper and lower)) is dismissed.

FINDING OF FACT

The February 2021 rating decision granted service connection for the Veteran's lumbosacral strain (claimed as major back pain (upper and lower)), which constitutes a full grant of benefits under the law; and therefore, this issue is no longer in appellate status.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted, there remains no case or controversy as to the issue of entitlement to service connection for lumbosacral strain (claimed as major back pain (upper and lower)). 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Air Force from August 2002 to October 2005.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a December 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. This matter was previously before the Board in August 2019, where it was remanded for further development. 

The Board notes that during the rating period on appeal, specifically in a February 2021 rating decision, the Veteran was granted service connection for lumbosacral strain (claimed as major back pain (upper and lower)), which represents a full grant of benefits for this issue.

Therefore, as the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed, there remains no allegation of error of fact or law for appellate consideration with respect to the Veteran's claim currently on appeal. 38 U.S.C. § 7105. Accordingly, the Board does not have jurisdiction to review the appeal, and it is hereby dismissed. 38 C.F.R. § 20.101. 

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Hodges, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.