Citation Nr: 18146888
Decision Date: 11/02/18	Archive Date: 11/01/18

DOCKET NO. 15-38 178
DATE:	November 2, 2018
ORDER
The appeal pertaining to the issue of entitlement to service connection for right ear hearing loss is dismissed.
FINDING OF FACT
In an October 2018 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for right ear hearing loss.
CONCLUSION OF LAW
As there is no remaining justiciable case or controversy with respect to the claim of service connection for right ear hearing loss, the Veteran’s appeal as to this issue is moot.  38 U.S.C. § 7105; 38 C.F.R. § 20.101.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from May 1969 to January 1972 and November 1974 to November 1978.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in December 2013 by a Department of Veterans Affairs (VA) Regional Office (RO). 
In April 2016, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.
Entitlement to service connection for right ear hearing loss.
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See e.g., 38 C.F.R. § 20.101.  In essence, a “case or controversy” involving a pending adverse determination to which the appellant has taken exception no longer exists. See Shoen v. Brown, 6 Vet. App. 456, 457 (1994). Although the issue on appeal was certified to the Board in January 2016, service connection for right ear hearing loss was subsequently granted in a rating decision issued in October 2018. As the Veteran’s claim has already been granted in full, there is no longer a pending adverse determination for the Board to adjudicate.  Accordingly, the appeal is moot and the Veteran’s appeal pertaining to the issue of entitlement to service connection for right ear hearing loss must be dismissed.  
 
A. JAEGER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Gardner Gaye, Associate Counsel