Citation Nr: 18146382
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 15-35 016
DATE:	October 31, 2018
ORDER
The appeal is dismissed.
FINDING OF FACT
In a January 2016 rating decision issued prior to the promulgation of a decision in this appeal, the RO granted service connection for bilateral hearing loss (BHL) and tinnitus, which represents a full grant of the benefit sought on appeal.
CONCLUSION OF LAW
As the benefit sought on appeal has been granted in full, there remains no question of law or fact on appeal, and the appeal is dismissed. 38 U.S.C. § 7105 (d)(5).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Marine Corps from June 1965 to April 1969, to include service in the Republic of Vietnam.

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. 
In the June 2014 rating decision on appeal, the Veteran’s claims for service connection for BHL and tinnitus were not reopened because the evidence submitted was not new and material; he appealed that decision to the Board. Thereafter, in a January 2016 rating decision, the RO granted the Veteran service connection for BHL and tinnitus.
Accordingly, the Board finds that the Veteran’s appeal as to this matter has been rendered moot as the benefit sought on appeal has been fully granted by the RO’s January 2016 rating decision. Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). The Board recognizes that a January 2016 supplemental statement of the case listed the issues as higher ratings for the service-connected bilateral hearing loss and tinnitus, but the record does not contain a jurisdiction-conferring notice of disagreement with the downstream issues of the ratings assigned in the January 2016 rating decision. Accordingly, the Board does not have jurisdiction over the issues of higher ratings for these disabilities.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).
 
Hence, there remains no case or controversy for the Board to resolve, and the appeal is dismissed. 38 U.S.C. §7105 (d)(5).
 
M. C. GRAHAM
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Fales, Associate Counsel