Citation Nr: A24044167
Decision Date: 08/06/24	Archive Date: 08/06/24

DOCKET NO. 210715-172426
DATE: August 6, 2024

ORDER

The appeal for entitlement to service connection for hypertensive retinopathy, to include cataracts and papillitis (claimed as photophobia) is dismissed as moot.

FINDING OF FACT

After the Veteran's appeal was certified to the Board in February 2014, it was granted by the Board in a March 2017 decision, and effectuated in a September 2018 rating decision.

CONCLUSION OF LAW

The criteria for dismissal of service connection for hypertensive retinopathy, to include cataracts and papillitis (claimed as photophobia), have been met.  38 U.S.C. §§7104, 7105; 38 C.F.R. §§20.201, 20.1100.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Army from July 1981 to July 1984, from January 1991 to March 1991, and from May 2005 to May 2008. He also had Reserve service.  

This matter comes before the Board of Veterans' Appeals (the Board) on appeal from a June 2021 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), hereinafter the Agency of Original Jurisdiction (AOJ).

Historically, the Veteran submitted a claim for service connection for multiple disorders including right eye injury on April 30, 2002. In a December 2003 rating decision, the RO denied service connection for right eye injury. The Veteran timely filed a notice of disagreement (NOD) and was issued an SOC and he subsequently perfected his appeal to the Board. In a March 2017 decision, the Board granted service connection for eye disorders characterized as bilateral hypertensive retinopathy and papillitis. In a September 2018 rating decision, the RO effectuated the Board's grant. The AOJ established service connection effective May 26, 2008, and assigned a 30 percent disability rating.

Notably, the June 2021 rating decision on appeal's code sheet indicates the Veteran is service connected for hypertensive retinopathy with papillitis. 

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. As such, the Board finds that the Veteran's service connection claim has already been granted, and his appeal is dismissed as moot. See Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (noting that dismissal is the proper remedy to employ when an appeal has become moot).

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T. Berry

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Breen, Gabrielle M.

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.