Citation Nr: 22014415
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 18-11 898
DATE: March 12, 2022

ORDER

Service connection for left lumbar radiculopathy is dismissed. 

FINDING OF FACT

During the pendency of the appeal and prior to this decision being issued, service connection for left lumbar radiculopathy was granted by the regional office in a December 2021 rating decision. 

CONCLUSION OF LAW

The criteria for dismissal of the claim of service connection for left lumbar radiculopathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1977 to July 1989. These matters are before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

In January 2021, a Board hearing was held before the undersigned Veterans Law Judge. A copy of the transcript is associated with the file.

These matters were before the Board in August 2021 and were remanded for further development. 

Service connection for left lumbar radiculopathy is dismissed. 

During the pendency of the appeal and prior to this decision being issued, service connection for the Veteran's left lumbar radiculopathy was granted by the RO in a December 2021 rating decision. 

The Board is aware that the RO subsequently issued a Supplemental Statement of the Case in December 2021 which denied service connection for left lumbar radiculopathy; however, this was clearly erroneous because service connection for left lumbar radiculopathy had already been granted.

Because this represents a full grant of the issue on appeal, there is no longer a case or controversy as to this matter and the appeal must be dismissed. 38 U.S.C. § 7105. 

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Alexander Bahus

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.