Citation Nr: 18140827
Decision Date: 10/05/18	Archive Date: 10/05/18

DOCKET NO. 15-24 991
DATE:	 
ORDER
The appeal as to the claim of entitlement to service connection for residuals of bilateral hand surgery is dismissed.
The appeal as to the claim of entitlement to service connection for sleep apnea is dismissed.
The appeal as to the claim of entitlement to service connection for residuals of a cerebral vascular accident is dismissed.
FINDING OF FACT
In September 2018, prior to the promulgation of a decision, the Board was notified that the Veteran had died in September 2018.
CONCLUSION OF LAW
Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claims at this time.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from December 1964 to December 1967,  September 1981 to August 1983, and September 1983 to August 1993.  These matters are on appeal from May 2014 and September 2014 rating decisions.
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).  These appeals on the merits have become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction.  See 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2018).
In reaching this determination, the Board intimates no opinion as to the merits of these appeals or to any derivative claims brought by a survivor of the Veteran.  38 C.F.R. § 20.1106 (2018). 
The Board's dismissal of these appeals does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claims to completion.  Such request must be filed not later than one year after the date of the appellant's death.  See 38 U.S.C. § 5121A (2012); 38 C.F.R. § 3.1010(b) (2018).  A person eligible for substitution includes "a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title ...."  38 U.S.C. § 5121A (2012); see 38 C.F.R. § 3.1010(a) (2018).  An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated (listed on the first page of this decision).  38 C.F.R. § 3.1010(b) (2018).


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KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Houle, Associate Counsel