Citation Nr: 22015646
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 16-27 620A
DATE: March 18, 2022

ORDER

Entitlement to service connection for right ear hearing loss is dismissed as moot.

FINDING OF FACT

The Veteran was granted service connection for bilateral hearing loss in a November 2021 rating decision.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for right ear hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served from October 17, 1980 to July 17, 1983 at which time he received an honorable discharge for immediate re-enlistment. He re-enlisted on July18, 1983 to January 21, 1987 and received an under other than honorable (OTH) conditions discharge

In August 2020, the Board denied the Veteran's claim of entitlement to service connection for right ear hearing loss. The Veteran successfully appealed this denial to the U.S. Court of Appeal for Veterans Claims (Court). In September 2021, the Court issued a Memorandum Decision to vacate and remand the denial of the Veteran's claim of entitlement to service connection for right ear hearing loss for action consistent with the Memorandum Decision.  

1. Entitlement to service connection for right ear hearing loss

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. The sole claim before the Board was entitlement to service connection for right ear hearing loss. In a November 2021 rating decision, the Regional Office granted service connection for bilateral hearing loss. Because this is considered a full grant of the benefits sought, this issue is dismissed for lack of any justiciable case or controversy currently before the Board as contemplated by 38 U.S.C. § 7104 and is moot. See Grantham v. Brown, 114 F. 3d. 1156 (Fed. Cir. 1997).

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.