Citation Nr: 22013649
Decision Date: 03/10/22	Archive Date: 03/10/22

DOCKET NO. 19-02 950A
DATE: March 10, 2022

ORDER

1. Entitlement to service connection for a right shoulder disability is dismissed.

2. Entitlement to service connection for a left shoulder disability is dismissed.

FINDINGS OF FACT

1. An October 2020 decision by the Board of Veterans Appeals (Board) denied entitlement for service connection for a right shoulder disability. The Veteran was notified and did not appeal.

2. A February 2021 rating decision granted service connection for a left shoulder disability; there remains no case or controversy pertaining to the claim of service connection for a left shoulder disability.

CONCLUSIONS OF LAW

1. The October 2020 Board decision denying entitlement to service connection for a right shoulder disability, is final.  38 U.S.C. § 511, 7103, 7104; 38 C.F.R. § 20.1100.

2. The criteria for dismissal of the claim for service connection for a left shoulder disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from January 1963 to August 1986. 

In an October 2020 Board decision, the Board remanded the claim for service connection for a left shoulder disability and denied the claim for service connection for a right shoulder disability.

1. Entitlement to service connection for a right shoulder disability.

In October 2020, the Board denied the appeal of service connection for a right shoulder disability. The record does not show that the Veteran appealed the October 2020 Board decision to the Court of Appeals for Veterans Claims (Court) or filed a motion for reconsideration or a motion to vacate with the Board. Therefore, the Board decision is final. See 38 U.S.C. § 511; 38 C.F.R. § 20.1100. As such, the Board does not have jurisdiction over this claim and the appeal is dismissed.

2. Entitlement to service connection for a left shoulder disability.

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Following the October 2020 Board remand, the Agency of Original Jurisdiction issued a February 2021 rating decision which granted service connection for a left shoulder disability. This constitutes a full grant of the benefits sought on appeal for this service connection issue. As the benefit sought has been granted in full, the issue of service connection for a left shoulder disability is no longer before the Board. As there is no case or controversy to decide, the issue is dismissed. See 38 U.S.C. § 7105; 38 C.F.R. § 20.104(c).

 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. McDaniels, 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.