Citation Nr: 18141427
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 17-55 778
DATE:	October 10, 2018
ORDER
Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed.
REFERRED
The issues of entitlement to death pension and accrued benefits have been raised by the record in a September 2018 “Application for DIC, Death Pension, and/or Accrued Benefits” form (VA Form 21P-534EZ). The September 2018 claim is also considered to be a request for substitution pursuant to 38 C.F.R. § 3.1010 (c)(2). The DIC, accrued benefits, and substitution matters have not yet been adjudicated by the agency of original jurisdiction (AOJ). Therefore, the Board does not have jurisdiction over them, and they are referred to the AOJ for appropriate action. 38 C.F.R. § 19.9 (b).
FINDING OF FACT
In September 2018, the AOJ was notified that the Veteran died in August 2018.
CONCLUSION OF LAW
Due to the death of the Veteran, 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 served on active duty from June 1966 to August 1967. This matter comes before the Board of Veterans’ Appeals (Board) from an April 2014 rating decision.
Entitlement to a TDIU due to service-connected disabilities
Unfortunately, the Veteran 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 Veteran and must be dismissed for lack of jurisdiction. See 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. 
The Board’s dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claim to completion. Such request must be filed not later than one year after the date of the Veteran’s death. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010 (b). 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; see 38 C.F.R. § 3.1010 (a). 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. 38 C.F.R. § 3.1010 (b).
 
Jonathan Hager
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Elwood, Counsel