Citation Nr: 21070295
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 18-44 883
DATE: November 23, 2021

ORDER

The appeal for entitlement to service connection for bladder cancer is dismissed.

FINDING OF FACT

There is currently no case or controversy for active consideration by the Board on the issue of entitlement to service connection for bladder cancer, as that matter was granted in an August 2021 rating decision.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted, the issue of service connection for bladder cancer is dismissed.  38 U.S.C. §§ 511, 7104, 7105; 38 C.F.R. §§ 19.35, 20.101(d), 20.200, 20.201, 20.202, 20.302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from September 1969 to March 1975.  

This matter comes before the Board of Veterans Appeals (Board) on appeal from an October 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran had previously requested a hearing before the Board, and one was scheduled with the undersigned in November 2021.  Prior to the hearing, however, it was discovered that the sole issue on appeal, entitlement to service connection for bladder cancer, was already awarded in an August 2021 rating decision and, therefore, the hearing was cancelled as there was no case or controversy to discuss.

The appeal for entitlement to service connection for bladder cancer is dismissed.

Subsequent to the Veteran's August 2018 Substantive Appeal regarding his claim, the RO granted service connection for bladder cancer in an August 2021 rating decision, constituting a full grant of the benefits sought.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).  

In light of the above, there is no case or controversy currently before the Board as the claim for service connection for bladder cancer has been resolved entirely in the Veteran's favor.  Consequently, the appeal with respect to service connection must be dismissed.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.