Citation Nr: 0813040 Decision Date: 04/21/08 Archive Date: 05/01/08 DOCKET NO. 00-18 583 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUE Whether the appellant has basic eligibility for Department of Veterans Affairs (VA) death benefits. REPRESENTATION Appellant represented by: Kathy A. Lieberman, Attorney- at-Law ATTORNEY FOR THE BOARD T. Azizi-Barcelo, Associate Counsel INTRODUCTION The appellant claimed that her deceased spouse had military service in the United States Armed Forces during World War II. This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in May 2000 of the Department of Veterans Affairs (VA) Manila, Philippines, Regional Office (RO). FINDING OF FACT The appellant died before the Board promulgated a decision on her appeal. CONCLUSION OF LAW Due to the death of the appellant, the Board does not have appellate jurisdiction to review the claim. 38 U.S.C.A. § 7104(a) (West 2002 & Supp. 2007); 38 C.F.R. § 20.1302 (2007). REASONS AND BASES FOR FINDING AND CONCLUSION By a May 2001 decision, the Board denied the appellant's entitlement to eligibility for VA death benefits. The appellant appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In March 2003, the Court vacated the Board's decision and remanded to clarify whether VA had notified the appellant of the additional evidence she must submit to prove her claim. Thereafter, the Federal Circuit vacated the Veterans Court's decision and remanded for further proceedings and in August 2005 the Veterans Court again vacated and remanded on the notice issue. A copy of a death certificate shows that the appellant died on September 8, 2005, before the Board promulgated a decision on her appeal. In June 2006, the Veterans Court found that the appellant's claim did not survive her death, denied a motion by the appellant's representative to substitute the appellant's estate, withdrew its latest opinion, and dismissed the appeal. In August 2007, The Federal Circuit found that the appellant's claims for DIC benefits terminated on her death. Pelea v. Nicholson, 497 F.3d 1290 (Fed. Cir. 2007). As a matter of law, a claim does not survive the death of the claimant. 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); Pelea v. Nicholson, 497 F.3d 1290 (Fed. Cir. 2007). The appeal has become moot by virtue of the death of the appellant and the appeal must be dismissed for the lack of jurisdiction. 38 U.S.C.A. § 7104(a); 38 C.F.R. § 20.1302. ORDER The appeal is dismissed. ____________________________________________ George E. Guido Jr. Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs