Citation Nr: 18150072
Decision Date: 11/15/18	Archive Date: 11/14/18

DOCKET NO. 15-22 094
DATE:	November 15, 2018
ORDER
Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right Achilles disability is dismissed.  
FINDING OF FACT
The July 24, 2017 rating decision, which granted service connection for a right Achilles disability, is a complete grant of the benefits sought on appeal.  

CONCLUSION OF LAW
The appeal pertaining to the issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right Achilles disability has become moot by virtue of a July 24, 2017 rating decision that granted the benefit, and there remains no matter in controversy for which the Board has jurisdiction. 38 U.S.C. §§ 7104 (a), 7105(d)(5).  

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from December 1986 to November 2007.  
This matter comes before the Board of Veterans' Appeals (hereinafter Board) on appeal from a January 2014 rating decision, which denied the Veteran’s attempt to reopen a claim of entitlement to service connection for a right Achilles disability.  He perfected a timely appeal to that decision.  
On January 26, 2017, the Veteran appeared and testified at a hearing before the Board, at the RO.  A transcript of that Board hearing is of record.  
In a July 2017 rating decision, the RO granted service connection for right Achilles disability.  Therefore, that issue is not before the Board.  Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997); Grantham v. Brown, 114 F.3d 116 (Fed. Cir. 1997).  

1. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right Achilles condition
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 (2012).  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).  
In the instant case, a rating action in March 2008 denied service connection for right achilles condition.  The Veteran did not appeal that determination within notice thereof in March 2008 and it became final.  
In a statement, received in April 2013, the Veteran sought to reopen his claim of entitlement to service connection for right Achilles condition.  In a rating decision, dated January 19, 2014, the RO denied the Veteran’s attempt to reopen his claim of entitlement to service connection for a right Achilles condition.  He perfected a timely appeal to that decision.  
In a July 2017 rating decision, the RO granted service connection for right Achilles condition (also claimed as tendonitis).  This action represents a complete grant of the benefits sought on appeal.  See Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997); Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).  As no further adjudication is required at this time, the claim shall be dismissed.  

 
JAMES L. MARCH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs