Citation Nr: 18124002
Decision Date: 08/07/18	Archive Date: 08/03/18

DOCKET NO. 15-12 217A
DATE:	August 7, 2018
ORDER
The appeal of entitlement to vocational rehabilitation and employment (VR&E) benefits under the provisions of Chapter 31, Title 38, of the United States Code is dismissed.
FINDING OF FACT
In August 2017, prior to the promulgation of a decision in the current appeal, the appellant was awarded VR&E benefits, representing a full grant of benefits sought on appeal.
CONCLUSION OF LAW
The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to VR&E benefits.  38 U.S.C. § 7105 (b)(2), (d)(5); AB v. Brown, 6 Vet. App. 35, 38 (1993).
 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active service from January 2006 to July 2007.
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 appeal on the merits of the appellant’s claim of entitlement to VR&E benefits has become moot by virtue of an August 2017 decision awarding VR&E benefits including tuition and fees associated with the pursuit of an Associate’s Degree at Pikes Peak Community College.  As such, there remain no allegations of errors of fact or law for appellate consideration.  Thus, the appellant’s claim of entitlement to VR&E benefits under Chapter 31, Title 38, United States Code, must be dismissed for lack of jurisdiction.  See 38 U.S.C. §§ 7104 (a), 7105(d)(5); AB, 6 Vet. App. at 38.
 
MICHAEL D. LYON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher Murray, Counsel 

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