Citation Nr: A25041243 Decision Date: 05/06/25 Archive Date: 05/06/25 DOCKET NO. 241023-484907 DATE: May 6, 2025 ORDER The appeal as to entitlement to an evaluation in excess of 70 percent for unspecified depressive disorder is dismissed. FINDING OF FACT The record reflects that the Veteran's entire mental health condition is service connected as an "acquired psychiatric disorder" and rated 100 percent effective August 21, 2020. CONCLUSION OF LAW As a complete grant of the benefit sought on appeal has been awarded, this issue is dismissed as moot. 38 U.S.C. § 7105. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1985 to April 1989. In July 2024, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of a July 2024 decision. In August 2024, the agency of original jurisdiction (AOJ) issued a HLR decision, which found that a duty to assist error had occurred. In September 2024, the AOJ issued the decision on appeal. In the October 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 September 2024 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. 1. Entitlement to an evaluation in excess of 70 percent for unspecified depressive disorder 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 Veteran filed VA Form 21-526EZ on September 2, 2020, seeking service connection for an acquired psychiatric disorder, including depression and anxiety. The AOJ denied the Veteran's claim in a June 2021 rating decision. The Veteran submitted a VA Form 20-0995, Supplemental Claim Application in July 2021, and the AOJ continued the denial of the claim for service connection in a July 2021 rating decision. The Veteran submitted VA Form 10182 on June 25, 2022 and appealed the decision to the Board. In a December 2024 decision, the Board granted entitlement to service connection for an "acquired psychiatric disorder." In a December 2024 rating decision, the AOJ implemented the Board's decision and granted service connection for an acquired psychiatric disorder, assigning an evaluation of 100 percent, effective August 21, 2020, the date of receipt of the Veteran's Intent to File. In the meantime, the Veteran also filed an Intent to File on April 3, 2024, followed by a claim for service connection for depressive disorder in June 2024, in this appeal. In a September 2024 rating decision, the Veteran was granted service connection for "unspecified depressive disorder also claimed as adjustment disorder due to tinnitus with generalized anxiety disorder," and assigned a 70 percent evaluation, effective April 3, 2024. The Veteran filed VA Form 10182 on October 23, 2024, seeking an increased 100 percent evaluation for depressive disorder, effective April 3, 2024. The record reflects that the Veteran's entire mental health condition is service connected as an "acquired psychiatric disorder" assigned under 38 C.F.R. § 4.130, Diagnostic Code 9499-9435, and rated 100 percent under the General Rating Formula for Mental Disorders effective August 21, 2020. This covers the entire period of appeal for this appeal. Thus, the assignment of a 100 percent evaluation effective August 21, 2020, represents a complete grant of the benefit sought on appeal. Hence, there remains no allegation of error of fact or law for appellate consideration of this issue. The appeal is dismissed. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Alexia Palacios-Peters, 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.