Citation Nr: 25004014
Decision Date: 03/25/25	Archive Date: 03/25/25

DOCKET NO. 17-66 266
DATE: March 25, 2025

ORDER

Entitlement to service connection for the cause of the Veteran's death is dismissed.

FINDING OF FACT

During the pendency of the appeal, the appellant was awarded service connection for the cause of the Veteran's death in a January 2025 rating decision.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted in full, there remains no question of law or fact involving the claim of entitlement to service connection for the cause of the Veteran's death; thus, the criteria for dismissing the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service in the United States Navy from January 1960 to September 1978.  The Veteran passed away on March 17, 2016.  Prior to his death, the Veteran was not service connected for any disabilities.  His death certificate recorded the Veteran's primary cause of death as probable myocardial infarction.  The appellant is the Veteran's surviving spouse.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2016 rating decision of a regional office (RO) of the Department of Veterans Affairs (VA). 

During the pendency of this appeal, the VA issued a January 2025 toxic exposure risk activity memorandum reporting the Veteran was exposed to herbicide agents during his service in Vietnam.

In a January 2025 rating decision, the RO granted service connection for the Veteran's cause of death as the Veteran's myocardial infarction, also considered ischemic heart disease, is recognized as being related to exposure to herbicide agents.  Thus, the RO found the cause of the Veteran's death was related to his military service.  The RO also granted eligibility to Dependents' Educational Assistance.  

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The January 2025 grant of service connection for cause of death was considered to be a full grant of benefits sought on appeal.  Thus, there remains no allegation of error of fact or law for appellate consideration with respect to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal on this matter, and it is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.104.

 

Neely M. Peden

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Moore, 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.