Citation Nr: 21053928
Decision Date: 08/31/21	Archive Date: 08/31/21

DOCKET NO. 20-21 241
DATE:  August 31, 2021

ORDER

Entitlement to service connection for hypothyroidism (claimed as hyperthyroid condition) is dismissed.

FINDING OF FACT

In a Decision Review Officer (DRO) decision in July 2021, the Agency of Original Jurisdiction (AOJ) granted service connection for hypothyroidism.

CONCLUSION OF LAW

There being no justiciable case or controversy, the Veteran's appeal is dismissed. 38 U.S.C. § 7105 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1965 to October 1967, to include service in the Republic of Vietnam. This matter comes to the Board of Veterans' Appeals on appeal from a March 2018 rating decision of the Department of Veterans Affairs Regional Office. 

During the pendency of the Veteran's appeal, the National Defense Authorization Act (NDAA) for Fiscal Year 2021, Pub. L. No. 116-283 § 9109, added three disorders to the list of diseases presumptively associated with exposure to herbicide agents. Pertinent in this case, it amended 38 U.S.C. § 1116 (a)(2) to include hypothyroidism. In a July 2021 DRO decision, the AOJ granted the Veteran's claim for service connection for hypothyroidism (claimed as hyperthyroid condition). That decision was based on a special review of the Veteran's claims file mandated by an order pursuant to Nehmer v. Department of Veterans Affairs due to the changes implemented in the NDAA for Fiscal Year 2021. The Veteran was informed of that decision in a July 2021 letter. Thus, as the benefit currently being sought on appeal is already in effect, the Veteran's appeal is moot and is dismissed. 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.