Board reasoning
The Board dismisses the appeal because a January 2026 rating decision fully granted service connection for the cause of death, making further Board action duplicative and providing no additional relief. The Board also notes procedural history, including prior remands and a supplemental claim, and cites binding caselaw to support dismissal.
Citation Nr: 26001420
Decision Date: 01/30/26 Archive Date: 01/30/26
DOCKET NO. 16-19 488A
DATE: January 30, 2026
ORDER
The appeal for service connection for the cause of the Veteran's death is dismissed.
FINDING OF FACT
A January 2026 rating decision granted the claim service connection for the cause of the Veteran's death.
CONCLUSION OF LAW
The criteria for dismissal of the appeal for service connection for the cause of the Veteran's death have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the U.S. Army from October 1965 to September 1967. The Veteran died in May 2012, and the Appellant is the Veteran's surviving spouse.
This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision issued by an agency of original jurisdiction (AOJ) of the Department of Veterans Affairs (VA).
The Appellant provided testimony at a hearing before a Veterans Law Judge (VLJ) other than the undersigned in February 2019; a transcript of the hearing has been associated with the claims file. The VLJ who conducted the February 2019 hearing is no longer employed with the Board. In June 2025, the Appellant was sent a notice letter giving her the opportunity to have another hearing before a different VLJ. However, the Appellant did not respond to this letter.
This case has been remanded twice previously, most recently in August 2014, for additional development. The case now returns to the Board after substantial compliance with the ordered development. Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97 (2008).
While this appeal was pending, the Appellant filed a supplemental claim for service connection of the cause of death, which was granted in a January 2026 rating decision. As the January 2026 AOJ decision fully granted the Appellant's claim for service connection of the cause of death, granting the claim in this order would be duplicative, and entitle the appellant to no additional effectual relief whatsoever. Johnson v. Collins, 38 Vet. App. 151 (2025). Therefore, the appeal for service connection for the cause of the Veteran's death is dismissed.
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans' Appeals
Attorney for the Board Viccellio, MB
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.