Citation Nr: 22016258
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 19-38 841
DATE: March 21, 2022

ORDER

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed.

FINDING OF FACT

In a February 2022 rating decision, the Veteran was granted service connection for COPD.

CONCLUSION OF LAW

The appeal on the merits of the Veteran's claim of entitlement to service connection for COPD is moot by virtue of the February 2022 rating decision granting service connection and there remains no matter in controversy for which the Board has jurisdiction. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1965 to December 1967.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

1. Entitlement to service connection for COPD

Subsequent to his December 2019 Appeal to the Board of Veterans' Appeal, the Veteran was granted service connection for his COPD in a February 2022 rating decision. Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. The Veteran's claim of entitlement to service connection for COPD have already been granted in full in a February 2022 rating decision, so there are no longer any pending adverse determinations for the Board to adjudicate with respect to the service connection claim. See Shoen v. Brown, 6 Vet. App. 456, 457 (1994). The appeal is moot by virtue of the prior grant of service connection and must be dismissed. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).

 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael J. O'Connor, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.