Citation Nr: 18142719
Decision Date: 10/16/18	Archive Date: 10/16/18

DOCKET NO. 16-62 155
DATE:	October 16, 2018
ORDER
The appeal is dismissed.
FINDING OF FACT
In August 2018, VA was notified that the Veteran died that same month; in September 2018, a copy of the death certificate was received by VA.
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 had active service in the United States Navy from January 1969 to April 1987.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision.
1.  Entitlement to an effective date earlier than May 13, 2015 for the grant of service connection for status post ulcerative colitis, total colectomy and anus removal; and entitlement to an effective date earlier than May 13, 2015 for the grant of service connection for residual surgical scar associated with status post ulcerative colitis, total colectomy and anus removal.
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).  
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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 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).
 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K.C. Spragins