Citation Nr: 22017141
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 17-41 847
DATE: March 24, 2022

ORDER

Entitlement to service connection for bilateral hearing loss is dismissed.

Entitlement to service connection for tinnitus is dismissed.

FINDINGS OF FACT

1. In a January 2022 rating decision, the agency of original jurisdiction (AOJ) awarded service connection for bilateral hearing loss and tinnitus.

2. The January 2022 AOJ decision moots the appeal with respect to the issues of entitlement to service connection for bilateral hearing loss and tinnitus.

CONCLUSION OF LAW

The criteria for dismissal of an appeal by the Board are met. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from November 1982 to April 1992.

These matters initially came before the Board of Veterans' Appeals (Board) from a May 2015 rating decision, in which the AOJ denied the Veteran's application to reopen a claim of service connection for bilateral hearing loss and denied entitlement to service connection for tinnitus.

In September 2021, the Board granted the Veteran's application to reopen the claim of service connection for bilateral hearing loss. The Board remanded the underlying claim, as well as the claim of service connection for tinnitus, for further development.

Entitlement to service connection for bilateral hearing loss and tinnitus

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105 (d). In this case, the AOJ ultimately awarded service connection for bilateral hearing loss and tinnitus by way of a January 2022 rating decision. The January 2022 decision moots the appeal with respect to the issues of entitlement to service connection for bilateral hearing loss and tinnitus. Hence, the Board finds that there remains no specific determination with which the claimant disagrees. Thus, pursuant to the applicable statute, the Board will dismiss the appeal. 38 U.S.C. § 7105 (d). 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.