Citation Nr: 22013786
Decision Date: 03/10/22	Archive Date: 03/10/22

DOCKET NO. 20-21 171
DATE: March 10, 2022

ORDER

Entitlement to service connection for Alzheimer's-type dementia is dismissed. 

FINDING OF FACT

As the Veteran's claim for entitlement to service connection for Alzheimer's-type dementia was granted in a July 2021 Board decision, the claim for entitlement to service connection for Alzheimer's-type dementia is dismissed as moot. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for Alzheimer's-type dementia.  38 U.S.C. §§ 7105, 7108; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from July 1971 to June 1974. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

In March 2022, the Veteran was unable to attend a Board hearing but his representative and his spouse appeared and testified before the undersigned Veterans Law Judge.  During the March 2022 hearing, the Veteran's representative withdrew the claim for entitlement to service connection for Alzheimer's-type dementia in accordance with 38 C.F.R. § 19.55.  

The Board notes that the Veteran submitted both a substantive appeal (VA Form 9) as well as VA Form 10182 Notice of Disagreement, choosing direct review for the August 2017 rating decision.  In July 2021, the Board addressed the AMA docket and granted the Veteran's claim for entitlement to service connection for Alzheimer's-type dementia.  Ultimately, the RO issued a February 2022 rating decision determining the rating for Alzheimer's-type dementia was 100% disabling effective to July 19, 2018.  In light of the above, there is no case or controversy currently before the Board.  See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992) (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, the Court lacks jurisdiction).  As such, the issue of entitlement to service connection for Alzheimer's-type dementia is dismissed as moot.  See Grantham v. Brown, 114 F.3d 1156, 1159 (Fed. Cir. 1997). 

 

 

Christopher Seppanen

Veterans Law Judge

Board of Veterans' Appeals Attorney for the Board	P. Noh, 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.