Citation Nr: 20033763
Decision Date: 05/14/20	Archive Date: 05/14/20

DOCKET NO. 19-23 311
DATE: May 14, 2020

ORDER

Entitlement to service connection for the cause of the Veteran’s death is dismissed.

FINDING OF FACT

In a May 11, 2020 decision, the Board granted entitlement to service connection for the cause of the Veteran’s death.  There is no remaining case or controversy as to this appellate issue.

CONCLUSION OF LAW

The claim of entitlement to service connection for the cause of the Veteran’s death is dismissed.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.101, 20.200, 20.202.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service in the United States Marine Corps from June 1974 to May 1976.  The Veteran died in August 2007, and the appellant is his surviving spouse.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2018 rating decision.

1.  Entitlement to service connection for the cause of the Veteran’s death.

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.  The record shows that the Board previously granted entitlement to service connection for the cause of the Veteran’s death in a May 11, 2020 decision.  This grant constitutes a full award of the benefits sought on appeal.  See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997).  Thus, there is no remaining case or controversy as to this issue on appeal.  Given that there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal as to this issue, and it is dismissed. 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K.C. Spragins, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.