Citation Nr: 22012265
Decision Date: 03/03/22	Archive Date: 03/03/22

DOCKET NO. 16-53 884
DATE: March 3, 2022

ORDER

Entitlement to service connection for sleep apnea is dismissed.

FINDING OF FACT

In a January 2022 rating decision issued during the pendency of the appeal, the agency of original jurisdiction (AOJ) granted service connection for sleep apnea.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for sleep apnea have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service with the U.S. Army from May 1970 to December 1971. This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision of the Department of Veterans Affairs (VA) AOJ.

In January 2022, the Board remanded this matter for additional development, which has been completed. See Stegall v. West, 11 Vet. App. 268 (1998). Following that development, the AOJ issued a January 2022 rating decision (with notice apparently sent in February 2022) granting the benefit sought in full, namely service connection for sleep apnea.

The Board has jurisdiction in all matters where there is a question of law or fact necessary for a decision by the Secretary of Veterans Affairs under a law that affects the provision of benefits by the Secretary to veterans or their dependents or survivors. 38 U.S.C. § 7104. The Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.

Because there remains no case or controversy concerning whether the Veteran is entitled to the benefits sought, as the issue has been granted, this appeal is dismissed. 38 U.S.C. § 7105 (d)(5).

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Baxter

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.