Citation Nr: 22052844
Decision Date: 09/16/22	Archive Date: 09/16/22

DOCKET NO. 19-33 010
DATE: September 16, 2022

ORDER

Entitlement to service connection for obstructive sleep apnea is dismissed. 

FINDING OF FACT

An August 2022 rating decision granted entitlement to service connection for obstructive sleep apnea. 

CONCLUSION OF LAW

There is no alleged specific error of fact or law with regard to the Veteran's appeal for entitlement to service connection for obstructive sleep apnea. 38 U.S.C. § 7105(d)(5).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Marine Corps from May 1989 to May 1993. 

This appeal comes to the Board of Veterans' Appeals (the Board) from a November 2018 rating decision denying entitlement to service connection for obstructive sleep apnea. The Veteran participated in a hearing before the undersigned Veterans Law Judge in July 2021. A transcript of this hearing is of record. Subsequently, the matter was remanded in May 2022 in order to obtain a new Department of Veterans Affairs (VA) examination and medical opinion. 

In August 2022, the Agency of Original Jurisdiction (AOJ) granted entitlement to service connection for obstructive sleep apnea, effective April 14, 2018. A 50 percent rating was assigned. 

The August 2022 rating decision is considered a full grant of the benefits previously sought on appeal. The Board does not have any further jurisdiction over the claims. The Veteran has not filed a Notice of Disagreement or otherwise appealed the August 2022 rating decision, and the appeal appears to have been erroneously returned to the Board. 

Accordingly, as the benefit sought has been granted in full, there is no longer a case in controversy for appellate consideration as to the claim. The appeal is moot and must therefore be dismissed as a matter of law. See 38 U.S.C. § 7105(d). 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.