Citation Nr: 18160803
Decision Date: 12/27/18	Archive Date: 12/27/18

DOCKET NO. 14-24 514
DATE:	December 27, 2018
ORDER
The appeals of entitlement to service connection for bilateral hearing loss and tinnitus are dismissed.
FINDINGS OF FACT
1. Following a May 2014 statement of the case, which continued the denial of service connection for bilateral hearing loss and tinnitus, the Veteran issued a June 2014 VA Form 9 in which he specifically limited his appeal to the issue of service connection for tinnitus.  
2. The Veteran did not perfect an appeal with respect to service connection for bilateral hearing loss following the May 2014 statement of the case.  
3. In April 2018, the Board issued a decision granting service connection for tinnitus.
CONCLUSIONS OF LAW
The claims for service connection for bilateral hearing loss and tinnitus are dismissed.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.101, 20.200, 20.202.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from January 1969 to November 1971.  He died in March 2018 and the appellant is his widow and the substitute appellant.  
1. Entitlement to service connection for bilateral hearing loss
Following a May 2014 statement of the case, which continued the denial of service connection for bilateral hearing loss and tinnitus, the Veteran issued a June 2014 VA Form 9 in which he specifically limited his appeal to the issue of service connection for tinnitus.  The Veteran did not submit a timely substantive appeal regarding service connection for bilateral hearing loss.  Moreover, the Board notes that the issue was not and has not been treated as on appeal, as neither the Veteran nor the current appellant received notice from VA that a substantive appeal was received or that the issue was certified on appeal to the Board.  See Gonzalez-Morales v. Principi, 16 Vet. App. 556, 557-58 (2003).  Therefore, the Board finds that the issue is not properly on appeal before the Board.  As there remains no case in controversy, the appeal now before the Board for service connection for bilateral hearing loss must be dismissed.  See 38 U.S.C. § 7105; 38 C.F.R. §§ 20.101, 20.200, 20.202.  
2. Entitlement to service connection for tinnitus
In an April 2018 decision, the Board granted service connection for tinnitus, thus granting the full benefits sought on appeal.  As there remains no case in controversy, the appeal now before the Board for service connection for tinnitus must be dismissed.  See 38 U.S.C. § 7105; 38 C.F.R. §§ 20.101, 20.200, 20.202. 
 
MARTIN B. PETERS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A.B., Counsel