Citation Nr: 21031278
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 11-26 836
DATE: May 21, 2021

ORDER

Entitlement to service connection for sleep apnea is dismissed.

FINDING OF FACT

In an August 2020 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for obstructive sleep apnea.

CONCLUSION OF LAW

The Board of Veterans' Appeals (Board) lacks jurisdiction over the issue of entitlement to service connection for sleep apnea because there remains no matter in controversy.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.7, 20.101, 20.200, 20.202.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 1993 to October 1995 with additional service in the Army Reserves.

This matter comes before the Board on appeal from a September 2009 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In December 2012, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is associated with the claims file.  

In May 2020, the Board last remanded this matter to the RO for further development.  In a subsequent August 2020 rating decision, the AOJ granted service connection for obstructive sleep apnea.  The August 2020 rating decision favorably resolved the issue in full and there is no longer a case or controversy to resolve with regard to the aforementioned issue.  As such, the Board finds the issue is no longer in appellate status.  Therefore, the claim must be dismissed.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.7, 20.101, 20.200, 20.202.  The Board notes that if the Veteran wishes to appeal the assigned rating or effective date of the grant of service connection for obstructive sleep apnea, the Veteran should submit a claim on the appropriate form to the RO.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.