Citation Nr: 22010983
Decision Date: 02/25/22	Archive Date: 02/25/22

DOCKET NO. 16-53 239
DATE: February 25, 2022

ORDER

Entitlement to service connection for a right ankle disability is dismissed.

Entitlement to service connection for a left shin disability is dismissed.

FINDING OF FACT

During the pendency of the appeal, a January 2022 rating action granted service connection for right ankle lateral collateral ligament sprain and chronic left shin pain; this constituted a full and complete grant of the benefit sought.

CONCLUSIONS OF LAW

1. The issue of service connection for a right ankle disability is dismissed for lack of case or controversy.  38 U.S.C. § 7105(d)(5).

2. The issue of service connection for a left shin disability is dismissed for lack of case or controversy.  38 U.S.C. § 7105(d)(5).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from September 1980 to September 1984.  These matters are before the Board of Veterans' Appeals (Board) on appeal from  rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in June 2021. In September 2021, the Board remanded the issues on appeal.

1. Service connection for a right ankle disability is dismissed.

2. Service connection for a left shin disability is dismissed.

In September 2021, the Board remanded the issues on appeal.  The development requested in the remand, together with a private x-ray report received in December 2021, resulted in the promulgation of a rating action in January 2022, in which service connection for right ankle lateral collateral ligament sprain and chronic left shin pain was granted.

It is a well-established judicial precedent that when there is no case or controversy, or when a once live case or controversy becomes moot, a Court lacks jurisdiction. See Mokal v. Derwinski, 1 Vet. App. 12, 15 (1990); Bond v. Derwinski, 2 Vet. App. 376 (1992).  The law provides that the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105(d)(5). 

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Here, the Veteran's claims of entitlement to service connection for a right ankle disability and a left shin disability was resolved by a full and complete grant of the benefit requested in the January 2022 rating decision.  There is no outstanding error of fact or law alleged for the Board to address, and it follows that the appeal must be dismissed.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Jake Choi, 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.