Citation Nr: 18154016
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 16-48 174
DATE:	November 29, 2018
ORDER
The appeal as to the claim of service connection for sleep apnea is moot; and, the claim is dismissed for lack of jurisdiction.
FINDING OF FACT
An April 2018 rating decision granted service connection for sleep apnea, which represented a complete grant of the disability previously claimed as sleep impairment associated with PTSD.
CONCLUSION OF LAW
The criteria for dismissal of the appeal as to the claim for service connection for sleep apnea are met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.101 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty from February 1968 to September 1969.
1. Entitlement to service connection for sleep impairment
Service connection for sleep impairment was denied in an August 2015 rating decision. The RO determined that there was no evidence showing sleep impairment disability that was related to the Veteran’s active service or any service connected disability, to include PTSD. The Veteran appealed that decision. He maintained that there was a direct relationship between his sleep apnea and his service connected PTSD. 
In April 2018, the RO granted service connection for the Veteran’s claim for service connection for sleep apnea. There are no outstanding claims for sleep disabilities that have not been service connected.  Nor is such contended.
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; 38 C.F.R. § 20.202.  Here, as a result of the AOJ’s action, there no longer remains a case or controversy with respect to this claim.  The Board lacks jurisdiction over this issue because it has been granted and rendered moot on appeal. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 19.7, 20.101, 20.200, 20.202.  Therefore, dismissal of this claim is warranted.
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M.E. Lee, Associate Counsel