Citation Nr: 22012467
Decision Date: 03/04/22	Archive Date: 03/03/22

DOCKET NO. 17-05 846
DATE: March 4, 2022

ORDER

The appeal of the claim for entitlement to service connection for an acquired psychiatric disorder is dismissed.  

FINDING OF FACT

There is no case or controversy regarding the benefit sought on appeal, as the agency of original jurisdiction (AOJ) has already granted service connection for posttraumatic stress disorder (PTSD) with major depressive disorder, generalized anxiety disorder, and alcohol use disorder.  

CONCLUSION OF LAW

The appeal for the issue of entitlement to service connection for a psychiatric disorder is dismissed.  38 U.S.C. § 7105(d); 38 C.F.R. § 20.903.  

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 2003 to May 2010.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.  38 U.S.C. § 7105(d).  During the pendency of the appeal, in a February 2022 rating decision, the AOJ granted service connection for PTSD with major depressive disorder, generalized anxiety disorder, and alcohol use disorder and assigned a 70 percent evaluation effective from October 29, 2021.  The grant constitutes a full award of the benefit sought on appeal.  See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997) (holding that a separate notice of disagreement must be filed to initiate appellate review of "downstream" elements such as the disability rating or effective date assigned).  Thus, there is no remaining case or controversy.  

Accordingly, the appeal is dismissed.  

 

 

A. SOLOMON

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.