Citation Nr: 18150058
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 09-09 338
DATE:	November 14, 2018
ORDER
Entitlement to service connection for kidney disease, to include as secondary to the service-connected residuals of an aortic valve replacement is dismissed.
FINDING OF FACT
While in appellate status, a September 2018 rating decision granted the Veteran’s claim for entitlement to service connection for kidney disease and there is therefore no remaining case or controversy pertaining to this claim.
CONCLUSION OF LAW
As the benefit sought on appeal has been granted, there remains no case or controversy as to the issue of entitlement to service connection for bladder cancer. 38 U.S.C. § 7105 (d)(5); 38 C.F.R. § 20.101.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from September 1983 to October 1990.
Entitlement to service connection for a kidney disability, to include as secondary to the service-connected residuals of an aortic valve replacement.
Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 
In a September 2018 rating decision following the development directed by the Board’s February 2018 remand, service connection was granted for mild chronic kidney disease. In the decision, the RO specifically stated that decision represents a grant and is considered to be a full and final determination of this issue on appeal. 
As a result, no case or controversy regarding the issue remains and there is no remaining allegation of error of fact or law for appellate consideration. 38 U.S.C. § 7105 (d)(5). Accordingly, the Board is without jurisdiction to review the appeal with respect to this issue. Therefore, the appeal regarding the issue of entitlement service connection for kidney disease is dismissed.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Perkins, Michael