Citation Nr: 18142106
Decision Date: 10/15/18	Archive Date: 10/12/18

DOCKET NO. 16-50 008
DATE:	October 15, 2018
ORDER
Entitlement to an initial rating in excess of 10 percent for service-connected left knee degenerative arthritis with shin splints is dismissed.
Entitlement to an initial rating in excess of 10 percent for service-connected right knee degenerative arthritis with shin splints is dismissed.
FINDING OF FACT
In September 2018, the Department of Veterans Affairs (VA) was notified that the Veteran died on August [redacted], 2018.
CONCLUSION OF LAW
Due to the death of the Veteran, the Board of Veterans Appeals’ (Board) has no jurisdiction to adjudicate the merits of the appeal.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; but see 38 U.S.C. § 5121A; 38 C.F.R. §§ 3.1010, 22.1106.

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from March 1969 to March 1971.
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, appellants’ claims do not survive their deaths.  See 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 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 claims 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 38 U.S.C. § 5121(a) of this title [38 U.S.C. § 5121 (a)].”  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a).
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An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the Veteran should file a request for substitution with the agency of original jurisdiction from which the Veteran’s claims originated.  38 C.F.R. § 3.1010(b).
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Gonzalez, Associate Counsel