Citation Nr: 21030348
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 16-03 129
DATE: May 18, 2021

ORDER

Entitlement to service connection for a back disability is dismissed.

FINDING OF FACT

The benefits sought on appeal have been granted in full by the agency of original jurisdiction (AOJ). See August 2020 rating decision.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for a back disability have been met.  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 United States Army from November 1979 to November 1985, December 1990 to May 1991, and October 1993 to October 2006, to include service in the Southwest Asia theater of operations. 

The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in July 2018. A transcript of that hearing has been associated with the claims file.

This matter was previously before the Board in August 2018. The Veteran's claim for service connection of tinnitus was granted, and the only remaining issue on appeal, for entitlement to service connection for a back disability, was remanded for a VA examination. 

1. Entitlement to service connection for a back disability

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); 38 C.F.R. § 38 C.F.R. § 19.55. Here, the Veteran is seeking entitlement to service connection for a back disability. However, this benefit was granted by the AOJ in August 2020. See August 2020 rating decision.

Therefore, because the benefit sought has been granted, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board finds that the appeal is moot, and it is dismissed.

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Comninos, Georgio

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.