Citation Nr: 21031674
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 18-02 923
DATE: May 24, 2021

ORDER

Service connection for prostate cancer is dismissed.

Service connection for unspecified tremors is dismissed.

FINDINGS OF FACT

1. A February 2021 Board decision denied entitlement service connection for prostate cancer. 

2. Service connection is in effect for unspecified tremors.

CONCLUSIONS OF LAW

1. There being no justiciable case or controversy, the veteran's claim of service connection for prostate cancer is dismissed. 38 U.S.C. § 7104, 7105; 38 C.F.R. §§ 3.151, 3.155, 20.101.

2.  There being no justiciable case or controversy, the veteran's claim of service connection for unspecified tremors is dismissed. 38 U.S.C. § 7104, 7105; 38 C.F.R. §§ 3.151, 3.155, 20.101.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from February 1981 to September 1985. 

The Veteran and his wife presented sworn testimony at a hearing in November 2019 before the undersigned Veterans Law Judge (VLJ).

In March 2021, the Veteran's representative, Disabled American Veterans, submitted an Informal Hearing Presentation (Informal) in connection with this matter.

1. Service connection for prostate cancer.

2. Service connection for unspecified tremors.

In a February 2021 Board decision, the Board granted service connection for unspecified tremors and in a rating decision issued later that same month, the RO implemented the Board's determination; the RO established service connection for essential tremors and assigned a 30 percent evaluation effective May 8, 2015.  

In light of the foregoing, the Veteran's claim of entitlement to service connection for unspecified tremors is thus moot as the benefit sought on appeal is already in effect. See Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991). 

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In the same February 2021 decision, the Board denied service connection for unspecified tremors. Thus, the issue is no longer before the Board, as the appeal in this matter has been rendered moot by the February 2021 Board decision.  This is because a Board decision becomes final when issued, unless the case is further appealed to the Court or a motion for reconsideration is granted. 38 U.S.C. § 7104 (b); 38 C.F.R. § 20.1100. The Board notes that this matter has not been appeal to the Court and that the Veteran has not submitted a motion for reconsideration. Therefore, the claim of entitlement to service connection for prostate cancer is not properly before the Board and it is dismissed for lack of jurisdiction.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Booker

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.