Citation Nr: 21030916
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 16-35 821
DATE: May 20, 2021

ORDER

The appeal seeking entitlement to service connection for an acquired psychiatric disorder for the purpose of establishing eligibility to treatment under 38 U.S.C. § 1702 is dismissed.

FINDING OF FACT

The award of service connection for posttraumatic stress disorder (PTSD) renders the claim of service connection for an acquired psychiatric disorder for the purpose of establishing eligibility for treatment under 38 U.S.C. § 1702 moot.

CONCLUSION OF LAW

The appeal as to the issue of service connection for an acquired psychiatric disorder for the purpose of establishing eligibility for treatment under 38 U.S.C. § 1702 is dismissed as moot.  38 U.S.C. §§ 1702, 1710, 7105(d)(5); 38 C.F.R. §§ 17.36, 17.37.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1985 to August 1991.  

In July 2019, the Board most recently remanded this issue for additional development. 

During the pendency of the appeal, in a January 2021 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for an acquired psychiatric disorder (PTSD).  This grant of service connection constitutes a full award of the benefit sought on appeal with respect to that issue.  See Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997).  Accordingly, that matter is no longer in appellate status.

Entitlement to service connection for an acquired psychiatric disorder for the purpose of establishing eligibility to treatment under 38 U.S.C. § 1702.

As indicated above, the Veteran has been awarded service connection for an acquired psychiatric disorder (PTSD).  The Veteran will be afforded equal or greater access to VA treatment by virtue of his now established award of service connection for an acquired psychiatric disability.  See 38 U.S.C. § 1710; 38 C.F.R. § 17.36.  As such, the issue of entitlement to service connection for purposes of establishing eligibility for treatment for an acquired psychiatric disorder, pursuant to the provisions of 38 U.S.C. § 1702 is moot.  See 38 C.F.R. § 17.37(b).  The appeal as to this specific issue is, therefore, dismissed.  See Smith v. Brown, 10 Vet. App. 330, 333-34 (1997).

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

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.