Citation Nr: 18143144
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 16-12 422A
DATE:	October 18, 2018

THE ISSUES
1. Entitlement to service connection for bilateral osteoarthritis of the knees, claimed as a leg condition, for accrued benefits and substitution purposes.
2. Entitlement to service connection for incipient nuclear sclerosis and blepharitis, claimed as a vison condition, for accrued benefits and substitution purposes.
3. Entitlement to service connection for bilateral hearing loss, for accrued benefits and substitution purposes.
4. Entitlement to service connection for tinnitus, for accrued benefits and substitution purposes.
5.  Entitlement to service connection for hypertension, for accrued benefits and substitution purposes.
6. Entitlement to service connection for clinical peripheral venous insufficiency of the lower extremities, for accrued benefits and substitution purposes.
7. Entitlement to service connection from diabetes mellitus, for accrued benefits and substitution purposes.
8. Entitlement to service connection for an acquired psychiatric disorder, to include depression claimed as a nervous condition, for accrued benefits and substitution purposes.


INTRODUCTION
The Veteran served on active duty from September 1974 to September 1977. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2013 rating decision. 
The Veteran died in January 2018. The appellant was the Veteran’s surviving spouse. Pursuant to a May 2018 Department of Veterans Affairs (VA) Regional Office (RO) decision the appellant was granted substitution based upon 38 U.S.C. § 5121A. 

FINDING OF FACT
The Board was notified by information of record from a VARO that the substitute appellant, the Veteran’s surviving spouse, died in August 2018, during the pendency of this appeal.

CONCLUSION OF LAW
Due to the death of the appellant, 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
Unfortunately, the appellant died in August 2018 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 appellant and must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
The Board’s dismissal of the appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing a claim to completion. Such request must be filed not later than one year after the date of the appellant’s death. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010.

ORDER
The appeal is dismissed.
 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Robert Batten, Associate Counsel