Citation Nr: 0814611 Decision Date: 05/02/08 Archive Date: 05/12/08 DOCKET NO. 06-28 896 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD E. Woodward Deutsch, Associate Counsel INTRODUCTION The veteran had active military service from September 1964 to September 1967. He died in January 2008. This appeal comes to the Board of Veterans' Appeals (Board) from a May 2005 rating decision that denied service connection for PTSD. In a January 2008 statement, the veteran's surviving spouse informed the Board of the veteran's death and requested that a decision still be rendered on the issue currently on appeal. The Board interprets this as a claim for accrued benefits. However, in order for the RO to address any accrued benefits claim concerning the issue on appeal, the Board must first transfer jurisdiction of the issue back to the RO. This decision accomplishes that action. Accordingly, this matter is referred to the RO for appropriate action. FINDINGS OF FACT 1. The veteran died in January 2008. 2. At the time of his death, the veteran had a claim for service connection for PTSD pending before the Board. CONCLUSION OF LAW Because of the death of the veteran, the Board has no jurisdiction to adjudicate the merits of his claim. 38 U.S.C.A. § 7104(a) (West 2007); 38 C.F.R. § 20.1302 (2007). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS As noted above, the veteran died in January 2008. At the time of his death, the veteran had a claim for service connection for PTSD pending before the Board. However, as a matter of law, veteran's claims do not survive their deaths. Vda de Landicho v. Brown, 7 Vet App. 42, 47 (1994). Therefore, because the veteran died while his claim was pending, that claim is now moot. As the veteran's claim has been rendered moot by his death, it is dismissed for lack of jurisdiction. See 38 U.S.C.A. § 7104(a); 38 C.F.R. § 20.1302. A discussion about VA's duties to notify and assist concerning this claim is unnecessary because the Veterans Claims Assistant Act of 2000 has no effect where the law, and not the underlying facts or development of the facts, is dispositive. See Manning v. Principi, 16 Vet. App. 534, 542 (2002). ORDER The veteran's claim for service connection for PTSD is dismissed due to the veteran's death. _________________________________________________ STEVEN D. REISS Acting Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs