Citation Nr: 22016522
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 14-27 091
DATE: March 22, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

In light of the July 2020 rating decision that granted service connection for diabetes mellitus, type II, there remains no matter in controversy before the Board of Veterans' Appeals (Board). 

CONCLUSION OF LAW

As there is no longer an issue of fact or law in controversy before the Board pertaining to the claim for service connection for diabetes mellitus, type II, the criteria for dismissal of this appeal have been met. 38 U.S.C. §§ 7104, 7105(d).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1968 to March 1970. The Veteran died in March 2015. The Appellant is his surviving spouse. See August 2018 Substitution Determination. 

This matter comes to the Board on appeal from a May 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this matter for further evidentiary development in May 2019 and February 2020. In a July 2020 rating action, the RO granted service connection for diabetes mellitus, type II and awarded a 10 percent rating, effective June 5, 2014, for this disability. In that rating action, the RO noted that such decision was only a partial grant of the appeal. In a July 2020 Supplemental Statement of the Case (SSOC), the RO included the issue of entitlement to service connection for diabetes mellitus, type II, prior to June 5, 2014, and returned the case to the Board. 

As noted herein, the July 2020 rating decision granted service connection for diabetes mellitus, type II. Despite the RO's statement to the contrary, that rating decision constitutes a full award of the benefit sought on appeal, and this matter is no longer in appellate status. Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997). Significantly, VA has not received a notice of disagreement (NOD) from the Appellant or her representative as to the rating or effective date regarding the grant of service connection for the Veteran's diabetes. Thus, any downstream issues associated with this claim are not before the Board at this time. In light of the July 2020 rating decision that granted service connection for diabetes mellitus, type II, there remains no matter in controversy with regard to this matter. As such, the appeal must be dismissed for lack of jurisdiction. 38 U.S.C. §§ 7104, 7105(d). 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Goreham

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.