Citation Nr: 22015285
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 17-56 569
DATE: March 17, 2022

ORDER

The appeal for entitlement to service connection for a right arm and right elbow condition is dismissed.

FINDINGS OF FACT

1. There is currently no case or controversy for active consideration by the Board on the right arm and/or right elbow appeals as the November 2017 rating decision granted the benefits sought on appeal in full.

2. On July 9, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran, through his authorized representative, that given the benefit on appeal was granted in full, he withdrew his appeal.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted, and the criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met, the appeal is dismissed.  38 U.S.C. §§ 511, 7104, 7105; §§ 19.35, 19.55, 20.101(d), 20.200, 20.201, 20.202, 20.302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 2002 to February 2007.

This appeal comes before the Board of Veterans' Appeals (Board) from a September 2015 rating decision by the VA Regional Office (RO) that, in pertinent part, denied service connection for right cubital tunnel syndrome (also claimed as arm paresthesias) and right elbow tendonitis.

On an October 2017 substantive appeal form (VA Form 9), the Veteran requested a Board hearing.  Thereafter, however, a November 2017 rating decision granted Right cubital tunnel syndrome and ulnar nerve impingement with paresthesias, numbness and weakness as well as cubital tunnel syndrome and Guyon's canal syndrome with painful and limited motion, right wrist, assigning the initial ratings.

This rating decision appeared to fully resolve the sole issues on appeal, but to the extent there remained any additional right arm or right elbow conditions in controversy, the Veteran was scheduled for a Board hearing in June 2020.  Thereafter, in July 2020, the Veteran's representative clarified that the November 2017 rating decision did, in fact, fully satisfy the sole issues on appeal leaving no case or controversy to discuss and, therefore, the Veteran withdrew the hearing request and the appeal. 

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55 (legacy).  

Further, where service connection has been awarded, which is the full grant of the benefits sought, dismissal is appropriate as there is no remaining case or controversy.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).  

Here, as outlined above, service connection was granted in a November 2017 rating decision.  To the extent there was any ambiguity as to whether this was a full grant of the benefits sought, the Veteran, through his authorized representative, filed written a statement making it clear that the November 2017 rating decision fully resolved the appeal and, therefore, wanted the hearing cancelled and the appeal withdrawn. 

In light of the above, there is no case or controversy currently before the Board as the service connection appeal has been resolved entirely in the Veteran's favor.  Consequently, the appeal must be dismissed.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Wilkinson, Edward L.

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.