Citation Nr: 18140248
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 16-09 715
DATE:	October 2, 2018
ORDER
The appeal of entitlement to payment or reimbursement for unauthorized medical expenses incurred at Saint Elizabeth's Medical Center on August 3 through August 4, 2014, is dismissed.
FINDING OF FACT
In July 2015, VA was notified that the appellant died.
CONCLUSION OF LAW
Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from April 1967 to January 1970.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 letter of determination by a Department of Veterans Affairs (VA) Medical Center, which denied payment or reimbursement for medical expenses incurred at Saint Elizabeth’s Medical Center on August 3 through 4, 2014.  Such benefits are not periodic monetary benefits.  
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.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.  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.
 
JAMES G. REINHART
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Peters, Counsel