Citation Nr: 25005663
Decision Date: 04/25/25	Archive Date: 04/25/25

DOCKET NO. 14-27 926
DATE: April 25, 2025

ORDER

Service connection for a psychiatric disability is dismissed.

FINDING OF FACT

The issue of service connection for a psychiatric disability was improperly re-certified to Board after the agency of original jurisdiction (AOJ) granted service connection for depressive disorder; therefore, there is no longer a case or issue in controversy.

CONCLUSION OF LAW

The criteria for dismissal of service connection for a psychiatric disability have been met. 38 U.S.C. § 7105 (2024); 38 C.F.R. § 19.55 (2024).

REASONS AND BASES FOR FINDING AND CONCLUSION

1. Service connection for a psychiatric disability secondary to prostate cancer 

Generally, the Board's jurisdiction is predicated upon an appeal regarding an issue or issues in controversy. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.7, 20.101. 

The issue of entitlement to service connection for a psychiatric disability was remanded for development by the Board in June 2024. In a December 2024 rating decision, the AOJ granted service connection for depressive disorder. Therefore, the rating decision favorably resolved the issue in full. Following the December 2024 rating decision, the issue was improperly returned to the Board. See December 2024 BVA Docketing Letter. As there is no longer a case or issue in controversy, the issue is no longer in appellate status and it must be dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Meawad, Julie

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.