Citation Nr: 22010544
Decision Date: 02/24/22	Archive Date: 02/23/22

DOCKET NO. 15-35 589A
DATE: February 24, 2022

ORDER

Entitlement to service connection for impaired fasting glucose (claimed as diabetes mellitus) is dismissed as moot.

FINDING OF FACT

The claim of entitlement to service connection for impaired fasting glucose (claimed as diabetes mellitus) was granted by the Agency of Original Jurisdiction (AOJ) effective January 28, 2015, in a December 2021 rating decision; therefore, there is no longer a case or issue in controversy.

CONCLUSION OF LAW

The Board lacks jurisdiction over the issue of entitlement to service connection for impaired fasting glucose (claimed as diabetes mellitus) because the issue has been rendered moot. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.7, 20.101, 20.200, 20.202. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the U.S. Army from December 1970 to December 1973.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision issued by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

In a December 2021 rating decision, the AOJ granted entitlement to service connection for impaired fasting glucose rated analogous to diabetes mellitus and assigned a 10 percent disability rating effective January 28, 2015, under Diagnostic Code 7913 (Diabetes Mellitus).  The AOJ also granted entitlement to service connection for diabetic peripheral neuropathy of the bilateral upper and lower extremities secondary to impaired fasting glucose and assigned a 10 percent disability evaluation for each extremity effective January 28, 2015.  In reaching these decisions, the AOJ relied on a positive nexus opinion from a December 2021 VA examiner, who concluded that the Veteran does not carry an official diagnosis of type II diabetes, but his impaired fasting glucose has reached a level to cause signs and symptoms similar to those seen in diabetics, such as peripheral neuropathy.  

The AOJ concluded that this award represents a full grant of the benefits sought and that the issue was resolved in full.  See Grantham v. Brown, 114 F.3d. 1156 (Fed. Cir. 1997).  The Board agrees and finds that the Veteran's claim of entitlement to service connection for diabetes mellitus is moot.  While the Veteran claimed service connection for diabetes mellitus, no diagnosis was established, alternatively, a diagnosis of impaired fasting glucose was present, and this disability was service-connected based on the Veteran's claim. Clemons v. Shinseki, 23 Vet.App. 1, 5 (2009) (when determining scope of a claim, Secretary must consider" the claimant's description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim").  As such, there is no legal basis upon which to award service connection for diabetes mellitus. 

Accordingly, as this appeal has become moot by virtue of the December 2021 rating decision grant in full of the Veteran's claim of entitlement to service connection for impaired fasting glucose (claimed as diabetes mellitus), the Veteran's claim is dismissed for lack of jurisdiction. See 38 U.S.C. §§ 7104 (a), 7105(d)(5).

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Beech, 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.