Citation Nr: 21041263
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 17-03 033
DATE: July 8, 2021

ORDER

Entitlement to service connection for obstructive sleep apnea is dismissed.

Entitlement to service connection for left shoulder strain (claimed as arthritis of left shoulder) is dismissed.

FINDINGS OF FACT

1. A February 2020 rating decision granted the full benefit sought for entitlement to service connection for sleep apnea.

2. A February 2020 rating decision granted the full benefit sought for entitlement to service connection for left shoulder strain.

CONCLUSIONS OF LAW

1. The appeal with respect to the claim of entitlement to service connection for sleep apnea is dismissed due to the absence of a controversy at issue. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

2. The appeal with respect to the claim of entitlement to service connection for left shoulder strain is dismissed due to the absence of a controversy at issue. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1987 to November 1994.  

In May 2019, this appeal was remanded for further development.  

Dismissal

In May 2019, the Veteran's claims for entitlement to service connection for sleep apnea and a left shoulder disability were remanded for additional development.  

While the appeal was pending, in a February 2020 rating decision, the RO granted service connection for sleep apnea and for a left shoulder strain.  Thus, as the February 2020 rating decision grants the benefits sought on appeal for these two claims in full, the appeal is thus considered satisfied in full.  As such, there is no longer an issue in controversy, and dismissal of these issues is appropriate. 38 U.S.C. § 7105 (d); 38 C.F.R. §§ 20.101, 20.202.

 

 

K. Anderson

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.