Citation Nr: 21032263
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 16-38 692
DATE: May 26, 2021

ORDER

Whether the drill pay adjustment for 50 days for Fiscal Year 2013 was proper is dismissed.

FINDING OF FACT

In July 2020, prior to the promulgation of a decision in the appeal, the RO granted the Veteran an adjustment for his drill pay for Fiscal Year 2013 from 50 days to 46 days.  In July 2020, the Veteran communicated with VA that the withholding of 46 days of drill pay for Fiscal Year 2013 would satisfy his appeal.

CONCLUSION OF LAW

The appeal concerning whether the drill pay adjustment for 50 days for Fiscal Year 2013 was proper is dismissed, as a full satisfied relief was already granted and there remains no justiciable case or controversy with respect to this claim.  38 U.S.C. § 7105 (2012).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1988 to May 1992 and January 2011 to December 2011, with service in the reserve component.

This case is before the Board of Veterans' Appeals (Board) on appeal from a November 2015 administrative decision by a Regional Office (RO) of the Department of Veterans Affairs (VA).

The Veteran was previously awaiting a hearing before a member of the Board.  However, in a February 2020 correspondence, the Veteran withdrew such request.  As such, the adjudication shall proceed accordingly.

In July 2020, the RO granted the Veteran an adjustment for his drill pay for Fiscal Year 2013 from 50 days to 46 days.  The Veteran communicated with VA in July 2020 that such a grant satisfied the appeal in full and that there was no further issue for appeal.  Thus, there remains no issue in controversy with respect to this claim. As such, this claim is dismissed as a matter of law, as there remains no case or controversy; or dispute of fact or law, regarding this issue.  38 U.S.C. § 7105  (2012); see also Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991).  

 

 

S. Sorathia 

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dodd, Ryan

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.