Citation Nr: 21042143
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-06 366
DATE: July 12, 2021

ORDER

The claim of entitlement to DIC pursuant to 38 U.S.C. § 1151 is dismissed as moot.

FINDING OF FACT

The grant of service connection for the cause of the Veteran's death renders moot the appellant's claim for DIC under 38 U.S.C. § 1151.

CONCLUSION OF LAW

The claims of entitlement to DIC pursuant to 38 U.S.C. § 1151 is dismissed as moot. 38 U.S.C. § 7105; 38 C.F.R. § 3.151.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran honorably served in the Navy from September 1964 to February 1969. 

VA was notified of the Veteran's death in February 2014. The appellant in this matter is his surviving spouse. This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision.

The claims of entitlement to DIC pursuant to 38 U.S.C. § 1151

During this appeal, service connection for the cause of the Veteran's death was granted and effectuated in a June 2020 rating decision. The appellant is therefore in receipt of DIC benefits pursuant to 38 U.S.C. § 1310. Considering this fully favorable decision with respect to entitlement to DIC benefits pursuant to 38 U.S.C. § 1310, the issues of entitlement under 38 U.S.C. § 1151 are moot. As a result, there remains no case or controversy to resolve, and the appeal concerning entitlement to DIC under the provisions of 38 U.S.C. § 1151 is dismissed. 38 U.S.C. § 7105 (d)(5). 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kyle McKone

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.