Citation Nr: 18142892
Decision Date: 10/17/18	Archive Date: 10/17/18

DOCKET NO. 16-58 061
DATE:	October 17, 2018
ORDER
Entitlement to service connection for gout is dismissed.
Entitlement to service connection for squamous cell carcinoma is dismissed.
Entitlement to service connection for cardiomyopathy and supraventricular arrhythmia is dismissed.
Entitlement to service connection for Hepatitis C is dismissed.
FINDING OF FACT
Prior ot the promulgation of a decision by the Board, VA was informed that the Veteran died in July 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)(West 2014); 38 C.F.R. § 20.1302 (2017).

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served honorably in the United States Coast Guard from October 1950 to November 1953.  
Loss of Veteran
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, Veteran’s claims do not survive his death.  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).  On August 15, 2018, VA was notified that the Veteran died in July 2018. 
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) (West 2012); 38 C.F.R. § 20.1302 (2017).  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 (2017). 
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 (West 2012); 38 C.F.R. § 3.1010 (b) (2017).  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 (West 2012); see 38 C.F.R. § 3.1010 (a) (2017).  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) (2017).
On September 27, 2018, the Veteran’s spouse submitted her VA Form 21-0847, Request for Substitution of Claimant Upon Death of Claimant.  Therein, the Veteran’s surviving spouse posited that, “I would like to continue the case to receive disability pension.” 
Again, this appeal must be dismissed due to the death of the Veteran.  A timely motion for substitution was filed in September 2018.  The motion, as well as an August 2018 claim for Dependency and Indemnity Compensation, are REFERRED to the Agency of Original Jurisdiction for appropriate action.

 
DAVID L. WIGHT
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	RLBJ, Associate Counsel