Citation Nr: 18143929
Decision Date: 10/22/18	Archive Date: 10/22/18

DOCKET NO. 16-30 255
DATE:	October 22, 2018
ORDER
Entitlement to a rating in excess of 10 percent for pes planus is dismissed.
Entitlement to service connection for posttraumatic stress disorder is dismissed. 
Entitlement to service connection for chronic chest pathology is dismissed. 
Entitlement to service connection for poor circulation is dismissed. 
FINDING OF FACT
In October 2018, RO was notified that the Veteran died in September 2018. 
CONCLUSION OF LAW
Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeals at this time. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active military service in the Air Force from August 1956 to August 1960, and from February 1961 to February 1983. 
This matter is on appeal to the Board of Veterans’ Appeals (Board) from a July 2013 rating decision of a regional office of the Department of Veterans Affairs (VA). 
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, Veteran’s 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).  These appeals on the merits has become moot by virtue of the death of the appellant and must be dismissed for lack of jurisdiction. 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 the appeals or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. 
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The Board acknowledges the fact that, in October 2018, the Veteran’s widow has applied to be substituted for the Veteran.  To date, a review of the claims file does not show that this decision has been reached.  VA regulations, 38 C.F.R. § 20.1302(a), specifically requires the Board to dismiss pending appeals in which the appellant had died, pending a ruling on any substitution claim.  The Board may not adjudicate claims for substitution in the first instance.   As such, the Board has forwarded this appeal for a ruling on the substitution claim.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. An, Associate Counsel