Citation Nr: 20021443
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 17-05 473A
DATE: March 25, 2020

ORDER

As the claim was granted in a December 2019 rating decision, the claim of entitlement to service connection for hypertension is dismissed.

FINDING OF FACT

A December 2019 rating decision granted service connection for hypertension, effective May 30, 2015.

CONCLUSION OF LAW

As the claim for entitlement to service connection for hypertension has been granted in full, the Board has no jurisdiction to adjudicate the merits of the claim at this time.  38 U.S.C. § 7105(d)(5).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1964 to September 1990.

This case comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board previously remanded the claim for further development in December 2018.

Entitlement to service connection for hypertension

The Board received a motion to dismiss the appeal from the Veteran’s representative in March 2020.

Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.

On December 19, 2019, the RO granted service connection for hypertension, effective May 30, 2015. See Rating Decision Narrative (December 2019). As the RO granted in full the benefit sought by the Veteran, there is no remaining allegation of error of fact or law for appellate consideration.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board).

Accordingly, the Board does not have jurisdiction over the appeal and it is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C.E., Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.