Citation Nr: 21032202
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 16-33 292
DATE: May 26, 2021

ORDER

Entitlement to service connection for traumatic brain injury (TBI) is dismissed.

FINDING OF FACT

On September 18, 2020, the Agency of Original Jurisdiction (AOJ), granted service connection for TBI and its residuals. 

CONCLUSION OF LAW

The criteria for dismissal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  In the present case, the only issue that was on appeal was granted in full in a September 2020 rating action. The AOJ inexplicably returned the appeal back to the Board of Veterans' Appeals without indicating the issue involved. The Board notes that Veteran has repeatedly submitted statements that he is requesting an earlier effective date for the grant of service connection for TBI, but the AOJ has not addressed this; consequently, it is not before the Board at this time.  In essence, there remains no allegations of errors of fact or law for appellate consideration at this time as the only issue that had been developed for appellate review has been granted by the AOJ.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.