Citation Nr: 0812205 Decision Date: 04/11/08 Archive Date: 04/23/08 DOCKET NO. 05-14 837 ) DATE ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to a rating in excess of 30 percent for degenerative joint disease of the left knee, with history of rupture of the cruciate ligament. 2. Entitlement to a rating in excess of 20 percent for degenerative joint disease of the right knee. 3. Entitlement to a rating in excess of 20 percent for degenerative joint disease of the right hip. REPRESENTATION Appellant represented by: The American Legion INTRODUCTION The veteran served on active duty from September 1942 to September 1944. This matter came before the Board of Veterans' Appeals (Board) on appeal from a January 2004 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska. This case has been advanced on the Board's docket. This case was previously before the Board in October 2005 and was remanded for additional development. By a decision dated February 9, 2007, the Board denied entitlement to a rating in excess of 30 percent for degenerative joint disease of the left knee, with history of rupture of the cruciate ligament, based on limitation of motion. The February 9, 2007 Board decision granted a separate 10 percent rating for left knee instability. That Board decision also denied entitlement to a rating in excess of 20 percent for degenerative joint disease of the right knee, and denied entitlement to a rating in excess of 20 percent for degenerative joint disease of the right hip. The veteran appealed the February 9, 2007 Board decision to the United States Court of Appeals for Veterans Claims (Court). By an Order dated February 12, 2008, the Court dismissed the appeal for lack of jurisdiction due to the veteran's death. FINDING OF FACT On March 4, 2008, the Board was notified by the Department of Veterans Affairs (VA) Regional Office, in Lincoln, Nebraska, that the appellant died on September [redacted], 2007. CONCLUSION OF LAW Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this claim. 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 appellant died during the pendency of the appeal. As a matter of law, appellants' 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 appellant 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. U. R. POWELL Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs