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