Board reasoning
The Board notes that a November 2025 rating decision found the Veteran competent to handle VA funds, rendering the competency issue moot in this appeal. Because there are no remaining disputes over competency, the appeal is dismissed for lack of a case or controversy and there are no errors of fact or law for appellate consideration.
Citation Nr: A26069959
Decision Date: 07/30/26 Archive Date: 07/30/26
DOCKET NO. 210406-151255
DATE: July 30, 2026
ORDER
The appeal concerning whether the Veteran is competent to handle the disbursement of Department of Veterans Affairs (VA) funds is dismissed.
FINDING OF FACT
In a November 2025 rating decision, the agency of original jurisdiction (AOJ) found the Veteran competent.
CONCLUSION OF LAW
The criteria for dismissal of the appeal regarding competency are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.104.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Coast Guard from July 1981 to March 1984. This matter is before the Board of Veterans' Appeals (Board) following his appeal of a February 2021 rating decision issued by the agency of original jurisdiction (AOJ). As explained below, dismissal of the appeal is warranted.
The appeal concerning whether the Veteran is competent to handle the disbursement of VA funds is dismissed.
All questions of law and fact necessary to a decision by the Secretary of Veterans Affairs under a law that affects the provision of benefits by the Secretary to veterans or their dependents or survivors are subject to review on appeal to the Secretary. Decisions in such appeals are made by the Board. 38 C.F.R. § 20.104(a). The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105(d).
By way of background, in a February 2021 rating decision, the AOJ found the Veteran not competent to handle the disbursement of funds. The Veteran timely appealed in April 2021 and selected the hearing docket; a hearing was held before the undersigned Veterans Law Judge (VLJ) in December 2024.
Prior to the Board reaching a decision on this appeal, the AOJ found the Veteran competent in a November 2025 rating decision. Although the November 2025 rating decision was issued after the February 2021 rating decision on appeal, the Board may consider it, as it is not new evidence but, rather, a new legal finding. As such, the Veteran's challenge to his incompetency has been favorably resolved.
In sum, a finding of competency was granted and the appeal as to whether the Veteran is competent to handle the disbursement of VA funds is now moot. Consequently, there are no allegations of errors of fact or law for appellate consideration, and the appeal is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.104.
L. STEPANICK
Veterans Law Judge
Board of Veterans' Appeals
Attorney for the Board Nelson, L.
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.