Citation Nr: 21030969
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 16-37 429
DATE: May 20, 2021

ORDER

Service connection for a foot disability is dismissed.

FINDING OF FACT

A July 2020 rating decision granted the Veteran's claim for entitlement to service connection for a foot disability, including chronic bilateral second and third metatarsal bone metatarsalgia, chronic, claimed as stress fractures; therefore, there is no remaining case or controversy pertaining to this claim.

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 a foot disability.  38 U.S.C. § 7105 (d)(5); 38 C.F.R. § 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1986 to July 1989.

This issue comes from a January 2015 rating decision and was previously before the Board in November 2018.

Service connection for a foot disability is dismissed.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed.

In a January 2015 rating decision, the RO denied service connection for second and third metatarsal bone metatarsalgia, bilateral feet, chronic, claimed as problems and stress fractures with the feet.  The Veteran perfected an appeal.  In November 2018, the Board remanded the claim for additional development.

In a July 2020 rating decision, the RO granted service connection for chronic bilateral second and third metatarsal bone metatarsalgia, chronic, claimed as stress fractures, which constitutes a full grant of benefits for this issue.  As a result, no case or controversy regarding the issue remains, and there is no remaining allegation of error of fact or law for appellate consideration.  38 U.S.C. § 7105 (d)(5).  

(Continued on the next page)

 

Accordingly, the Board is without jurisdiction to review the appeal with respect to service connection for a foot disorder, and the claim is dismissed as moot.  See 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.101; see also Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (where an appealed claim for service connection is granted during the pendency of the appeal, a second NOD must thereafter be timely filed to initiate appellate review of "downstream" issues such as the compensation level assigned for the disability or the effective date of service connection).

 

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Buck Denton

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.