Citation Nr: 0809754 Decision Date: 03/24/08 Archive Date: 04/09/08 DOCKET NO. 00-08 748 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUE Whether new and material evidence has been received to reopen the claims of entitlement to service connection for hypertensive cardiovascular disease, pulmonary tuberculosis (PTB), deafness, arthritis, hemorrhoids, lumbar injury, and a left elbow disorder. ATTORNEY FOR THE BOARD A. Barone, Associate Counsel INTRODUCTION It appears that the appellant had recognized guerilla service from March 15, 1943, to December 27, 1944, and was in missing status during the period. This matter comes to the Board of Veterans' Appeals (Board) on appeal originally from a March 1999 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board denied this appeal most recently in a September 2005 decision, and the veteran appealed to the United States Court of Appeals for Veterans Claims (CAVC). While the veteran's case was pending at CAVC, the veteran died. Based on that information, CAVC issued an October 2007 Order in which it vacated the Board's decision and dismissed the appeal to CAVC. FINDING OF FACT The veteran died in December 2006. CONCLUSION OF LAW Because of the death of the veteran, the Board has no jurisdiction to adjudicate the merits of this appeal. 38 U.S.C.A. § 7104(a) (West 2002); 38 C.F.R. § 20.1302 (2007). REASONS AND BASES FOR FINDING AND CONCLUSION Unfortunately, the veteran died during the pendency of the appeal. As a matter of law, veterans' claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet.App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet.App. 42, 47 (1994). This appeal on the merits has become moot by virtue of the death of the veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C.A. § 7104(a) (West 2002); 38 C.F.R. § 20.1302 (2007). In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the veteran. 38 C.F.R. § 20.1106 (2007). ORDER The appeal is dismissed. ____________________________________________ ALAN S. PEEVY Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs