Citation Nr: 24001031 Decision Date: 01/05/24 Archive Date: 01/05/24 DOCKET NO. 20-07 765 DATE: January 5, 2024 ORDER The appeal for entitlement to service connection for a neck condition is dismissed as moot. The appeal for entitlement to a disability rating in excess of 10 percent for service-connected traumatic brain injury (TBI) is dismissed as moot. The appeal for entitlement to a compensable initial disability rating for tension headaches (previously denied as headaches) is dismissed as moot. The appeal for entitlement to service connection for left upper extremity carpal tunnel is dismissed as moot. The appeal for entitlement to service connection for right upper extremity carpal tunnel is dismissed as moot. The appeal for entitlement to service connection for bilateral hearing loss (claimed as hearing impairment) is dismissed as moot. FINDINGS OF FACT 1. In an August 2021 decision, the Board of Veterans' Appeals (Board) denied entitlement to service connection for a neck condition; entitlement to service connection for left upper extremity carpal tunnel; entitlement to service connection for right upper extremity carpal tunnel; and granted a 70 percent disability rating for residuals of a TBI, including hearing difficulties (previously claimed as bilateral hearing loss), bladder impairment, and neurological abnormality of the bilateral upper extremities. The Veteran did not appeal this decision to the United States Court of Appeals for Veterans Claims (Court). Therefore, there remains no questions of law or fact for the Board to decide with respect to these issues. 2. In a June 2020 decision, the Board granted entitlement to a 50 percent disability rating for tension headaches (previously denied as headaches); therefore, there remains no question of law or fact for the Board to decide with respect to this issue. CONCLUSIONS OF LAW 1. The issue of entitlement to service connection for a neck condition is rendered moot by virtue of the final August 5, 2021, Board decision having previously adjudicated that issue. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.104, 20.201, 20.202, 20.1100. 2. The issue of entitlement to a disability rating in excess of 10 percent for TBI is rendered moot by virtue of the final August 5, 2021, Board decision having previously adjudicated that issue. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.104, 20.201, 20.202, 20.1100. 3. The issue of entitlement to an initial compensable disability rating for tension headaches (previously denied as headaches) is rendered moot by virtue of the final June 26, 2020, Board decision having previously adjudicated the issue. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.104, 20.201, 20.202, 20.1100. 4. The issue of entitlement to service connection for left upper extremity carpal tunnel is rendered moot by virtue of the final August 5, 2021, Board decision having previously adjudicated the issue. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.104, 20.201, 20.202, 20.1100. 5. The issue of entitlement to service connection for right upper extremity carpal tunnel is rendered moot by virtue of the final August 5, 2021, Board decision having previously adjudicated that issue. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.104, 20.201, 20.202, 20.1100. 6. The issue of entitlement to service connection for bilateral hearing loss (claimed as hearing impairment) is rendered moot by virtue of the final August 5, 2021, Board decision having previously adjudicate that issue. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.104, 20.201, 20.202, 20.1100. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably on active duty from April 1995 to February 2001. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran testified before the undersigned Veterans Law Judge at a virtual Board hearing in April 2020. A transcript of the hearing has been associated with the claims file. 1. The appeal for entitlement to service connection for a neck condition is dismissed as moot. 2. The appeal for entitlement to a disability rating in excess of 10 percent for residuals of a TBI is dismissed as moot. 3. The appeal for entitlement to a compensable initial disability rating for tension headaches (previously denied as headaches) is dismissed as moot. 4. The appeal for entitlement to service connection for left upper extremity carpal tunnel is dismissed as moot. 5. The appeal for entitlement to service connection for right upper extremity carpal tunnel is dismissed as moot. 6. The appeal for entitlement to service connection for bilateral hearing loss (claimed as hearing impairment) is dismissed as moot. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. The record shows that the Board previously denied the issues of entitlement to service connection for a neck disorder, entitlement to service connection for carpal tunnel of the bilateral upper extremities and granted the issue of entitlement to an initial 70 percent disability rating for residuals of TBI, including hearing difficulties (previously claimed as bilateral hearing loss), bladder impairment, and neurological abnormalities in an August 2021 decision. The record also reflects that the Board previously granted the issue of entitlement to a 50 percent disability rating for tension headaches (previously denied as headaches) in a June 2020 decision. The June 2020 and August 2021 Board decisions were final when issued, and the 120-day period during which the Veteran may appeal the decision to the U.S. Court of Appeals for Veterans Claims has expired. 38 U.S.C. § 7104(b); 38 C.F.R. § 20.1100. Given that the June 2020 and August 2021 Board decisions already adjudicated these issues, there remains no questions of law or fact to decide. As the issues are moot, they will be dismissed. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. M. Lowman, 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.