Citation Nr: 22013771
Decision Date: 03/10/22	Archive Date: 03/10/22

DOCKET NO. 17-43 200
DATE: March 10, 2022

ORDER

Entitlement to service connection for a psychiatric disability is dismissed.

Entitlement to service connection for headaches is dismissed.

Entitlement to service connection for erectile dysfunction is dismissed.

FINDINGS OF FACT

1. In an August 2020 rating decision, the RO granted service connection for a psychiatric disability.

2. In an August 2020 rating decision, the RO granted service connection for a headache disability.

3. In a January 2022 rating decision, the RO granted service connection for an erectile dysfunction disability.

CONCLUSIONS OF LAW

1. The appeal for entitlement to service connection for a psychiatric disability is dismissed. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

2. The appeal for entitlement to service connection for a headache disability is dismissed. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

3. The appeal for entitlement to service connection for an erectile dysfunction disability is dismissed. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.103, 20.104, 20.200, 20.202.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 1978 to October 1981.  These matters are before the Board of Veterans' Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO).

In March 2019, the Board remanded the claims for service connection for a psychiatric disability, headaches, and erectile dysfunction for additional development.

1. Entitlement to service connection for a psychiatric disability

2. Entitlement to service connection for headaches

3. Entitlement to service connection for erectile dysfunction

One of the threshold issues that the Board must address is the determination of appellate jurisdiction. 38 C.F.R. § 20.103. Generally, the Board's jurisdiction is grounded in an appeal having been filed on an issue, or issues, in controversy. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.104. If the Board does not have jurisdiction, it may dismiss that case or issue. 38 C.F.R. § 20.104 (c).

In March 2019, the Board remanded the matters of entitlement to service connection for a psychiatric disability, headache disability, and erectile dysfunction disability. In an August 2020 rating decision, the RO granted service connection for panic disorder with major depressive disorder effective January 23, 2013; and migraine headaches effective January 23, 2013. In a January 2022 rating decision, the RO granted service connection for erectile dysfunction effective January 23, 2013. The August 2020 and January 2022 rating decisions represent a full grant of service connection sought on appeal. See Grantham v. Brown, 114 F.3d 1156, 1159 (Fed. Cir. 1997).

Given the grant of service connection for a panic disorder, migraines, and erectile dysfunction, there is no longer a case or controversy to resolve on this appeal stream. As such, this appeal must be dismissed. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.200, 20.202.

 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Lauritzen, 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.