Citation Nr: 21031205
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 16-44 578
DATE: May 20, 2021

ORDER

Entitlement to service connection for aural fullness is dismissed.

FINDING OF FACT

Service connection is in effect for aural fullness.

CONCLUSION OF LAW

As there is no justiciable case or controversy, the criteria for dismissal of entitlement to service connection for aural fullness have been met.  38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from May 1968 to May 1970, including combat service in Vietnam, and his decorations include the Combat Infantryman Badge.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision by the St. Petersburg, Florida Department of Veterans Affairs (VA) Regional Office (RO). 

This matter was previously before the Board in November 2018 and was remanded for further development. 

In a June 2020 rating decision, the RO expanded the definition of the Veteran's Meniere's syndrome disability to include aural fullness and granted service connection for same.  The Veteran's claim of entitlement to service connection for aural fullness is thus moot as the benefit sought on appeal is already in effect.  See Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991).  

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.