Citation Nr: 22016143
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 17-55 424
DATE: March 21, 2022

ORDER

The appeal of entitlement to service connection for asthma, to include whether new and material evidence has been submitted to reopen the claim, is dismissed.

FINDING OF FACT

Service connection for asthma was granted in a December 2021 rating decision.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for asthma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.903(b).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1998 to January 2021. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

1. Entitlement to service connection for asthma

A December 2021 rating decision granted entitlement to service connection for asthma. The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105; 38 C.F.R. § 20.903. As the benefit sought on appeal, entitlement to service connection, has already been granted, there remains no error of fact or law for the Board to address. Therefore, the Board lacks jurisdiction over this issue. 38 U.S.C. § 7105; 38 C.F.R. § 20.903 (noting appeals should be dismissed because the issue has been resolved by administrative action). Accordingly, the appeal for entitlement to service connection for asthma is dismissed as moot.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. C. Birder

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.