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09-21 705
09-21 705
| Board of Vet. App. | Mar 17, 2017
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Background

  • Veteran served on active duty April 1977–October 1978 and appealed a denial of entitlement to TDIU (total disability based on individual unemployability) arising from an October 2007 RO rating decision.
  • Travel Board hearing occurred in June 2012; record includes a hearing transcript and remands in October 2012 and June 2015 for further development.
  • In October 2015, the VA Regional Office granted entitlement to TDIU effective October 27, 2015, and issued a Supplemental Statement of the Case denying an earlier effective date.
  • No Notice of Disagreement was filed challenging the October 2015 effective date, so that effective-date question was not before the Board on appeal.
  • The Board noted an unresolved claim for service connection for COPD related to in-service fuel exposure that remains with the RO and is not before the Board.
  • Because the RO granted the benefit (TDIU), the Board found no remaining case or controversy on that issue and dismissed the appeal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to TDIU on appeal from October 2007 RO decision Veteran appealed denial of TDIU for compensation RO later granted TDIU in October 2015 (thereby resolving the claim) Dismissed: appeal is moot because the RO granted the benefit sought; no case or controversy remains

Key Cases Cited

  • None — decision rests on statutes and VA regulations cited in the opinion rather than on reported case law.
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Case Details

Case Name: 09-21 705
Court Name: Board of Veterans' Appeals
Date Published: Mar 17, 2017
Docket Number: 09-21 705
Court Abbreviation: Board of Vet. App.