Citation Nr: 21040422
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 16-03 040
DATE: July 3, 2021

ORDER

The Veteran's appeal with respect to entitlement to service connection for an acquired psychiatric disorder, to include bipolar disorder, depression, and posttraumatic stress disorder (PTSD), is dismissed.

The Veteran's appeal with respect to entitlement to service connection for right knee disability is dismissed.

FINDINGS OF FACT

1. In September 2019, the Board of Veterans' Appeals (Board) remanded the Veteran's claims for service for an acquired psychiatric disorder and for a right knee disability to the agency of original jurisdiction (AOJ) for additional development. 

2. In May 2020, while the case was in remand status, the AOJ entered a rating decision establishing service connection for bipolar disorder, depression, and PTSD, as well as for right knee strain with muscle atrophy and an associated scar. 

CONCLUSION OF LAW

There remains no case or controversy with respect to the claims for service connection for an acquired psychiatric disorder or a right knee disability over which the Board may presently exercise jurisdiction. 38 U.S.C. §§ 511, 7104; 38 C.F.R. §§ 19.4, 19.5, 20.101.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty in the U.S. Navy from March 1993 to September 1996. His decorations include the Southwest Asia Service Medal. 

These matters came to the Board on appeal from an August 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Sioux Falls, South Dakota. 

In March 2019, the Veteran and his girlfriend testified at a Board video-conference hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record.

In September 2019, the Board remanded the Veteran's claims of entitlement to service connection for an acquired psychiatric disorder and a right knee disability to the AOJ for additional development.

In May 2020, while the case was in remand status, the AOJ entered a rating decision establishing service connection for bipolar disorder, depression, and PTSD, as well as for right knee strain with muscle atrophy and an associated scar. 

For informational purposes, the Board notes that in a March 2021 rating decision, the AOJ proposed to sever service connection for right knee strain with muscle atrophy, and for the associated scar. In a May 2021 Post-Remand Brief, the Veteran's representative contended that the Board had jurisdiction to consider those issues. The Board notes, however, that the AOJ has not yet entered a final rating decision regarding the proposed severances. Inasmuch as the proposed severances have not yet been effectuated and the Veteran has not initiated an appeal thereof, the Board does not have jurisdiction over those matters at present.

Dismissal

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. One of the principal functions of the Board is to make determinations of appellate jurisdiction.  38 C.F.R. § 20.103. The Board may address questions pertaining to its jurisdictional authority to review a particular case. 38 C.F.R. § 20.104(c).

As noted above, in May 2020, while the case was in remand status, the AOJ entered a rating decision establishing service connection for an acquired psychiatric disorder and for a right knee disability. As the benefits sought on appeal have been allowed, there remains no case or controversy over which the Board may presently exercise jurisdiction. See 38 U.S.C. §§ 511, 7104; 38 C.F.R. §§ 19.4, 19.5, 20.101; Grantham v. Brown, 114 F.3d. 1156 (Fed. Cir. 1997). The appeal is dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Oldroyd, 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.