Citation Nr: A25032002 Decision Date: 04/08/25 Archive Date: 04/08/25 DOCKET NO. 240214-416555 DATE: April 8, 2025 ORDER The appeal of whether the severance of service connection for an unspecified anxiety disorder and unspecified depressive disorder for treatment purposes only under 38 U.S.C. Chapter 17 was proper, is dismissed. FINDING OF FACT In a December 2024 rating decision, the Agency of Original Jurisdiction (AOJ) implemented a December 2024 Board of Veterans' Appeals (Board) decision granting entitlement to service connection for chronic adjustment disorder, with mixed anxiety and depressed mood, effective July 23, 2019, rendering the appeal of the propriety of the severance of service connection for an acquired psychiatric disorder for treatment purposes only under 38 U.S.C. Chapter 17 moot. CONCLUSION OF LAW The appeal for the severance of service connection for unspecified anxiety disorder and unspecified depressive disorder for treatment purposes only under 38 U.S.C. Chapter 17 is dismissed as moot. 38 U.S.C. §§ 1702, 1710; 38 C.F.R. §§ 3.384, 17.36. ? REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 2010 to August 2014. The rating decision on appeal was issued in February 2023 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In December 2022, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of a December 2021 decision. In February 2023, the agency of original jurisdiction (AOJ) issued the HLR decision on appeal, which considered the evidence of record at the time of the prior December 2021 decision. In the February 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the December 2021 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. The appeal of whether the severance of service connection for an unspecified anxiety disorder and unspecified depressive disorder for treatment purposes only under 38 U.S.C. Chapter 17 was proper, is dismissed. In this case, the Veteran filed a claim for an acquired psychiatric disability in July 2019. In a July 2020 rating decision, the AOJ granted service connection for treatment purposes only under 38 U.S.C. Chapter 17 for unspecified anxiety disorder and unspecified depressive disorder. For the purpose of eligibility for VA treatment, any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have incurred such disability in the active military, naval or air service if the disability develops (1) within two years after discharge or release from active service, and (2) before the end of the two-year period beginning on the last day of the Persian Gulf War. 38 U.S.C. § 1702(b). Treatment of a mental illness service-connected for treatment purposes is exempted from copayments under §§ 17.108, 17.1110, and 17.111. 38 C.F.R. § 17.109(b). In an August 2021 rating decision, the AOJ proposed that service connection be severed for treatment purposes only under 38 U.S.C. Chapter 17 for unspecified anxiety disorder and unspecified depressive disorder. In a December 2021 rating decision, service connection for treatment purposes only under 38 U.S.C. Chapter 17 for unspecified anxiety disorder and unspecified depressive disorder was severed. The Veteran filed a Decision Review Request: Higher- Level Review with the December 2021 rating decision in December 2022. In a February 2023 Higher Level Review decision, the AOJ continued the severance of service connection for treatment purposes only under 38 U.S.C. Chapter 17 for an acquired psychiatric disorder. The Veteran filed a timely VA Form 10182 with the decision in February 2024. While the appeal was pending, a December 2024 Board decision granted service connection for an acquired psychiatric disorder (to include anxiety, depression and sleep disturbances, adjustment disorder). In a December 2024 rating decision, the AOJ implemented the grant of service connection for chronic adjustment disorder, with mixed anxiety and depressed mood, with a 70 percent rating effective July 23, 2019, the date VA received the Veteran's claim. (Continued on the next page) ? As the Veteran has been granted the greater benefit of service connection for an acquired psychiatric disorder for the entire appeal period, there is no current case or controversy before the Board. The Veteran was afforded equal or greater access to VA treatment by virtue of his award of service connection. See 38 U.S.C. § 1710; 38 C.F.R. § 17.36. As there is no case or controversy remaining, the appeal is dismissed. See 38 U.S.C. § 7105; 38 C.F.R. § 20.104(c). M. SORISIO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Marenna, 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.