Citation Nr: 18144655
Decision Date: 10/25/18	Archive Date: 10/24/18

DOCKET NO. 15-34 167
DATE:	October 25, 2018
ORDER
Service connection for colon cancer is dismissed.
FINDING OF FACT
In September 2018, the Board received notice that the appellant (the Veteran’s surviving spouse who was substituted on this matter) died in April 2017. 
CONCLUSION OF LAW
Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this claim at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from November 1964 to October 1966.  This matter is before the Board on appeal from an August 2013 rating decision.  The Veteran died in June 2014.  The appellant (the Veteran’s spouse) was substituted for the Veteran as the claimant.  Unfortunately, the appellant died in April 2017 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).  Therefore, this appeal has become moot by 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.
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.
Service connection for colon cancer 
For the reasons outlined above, the appeal is dismissed. 

 
VICTORIA MOSHIASHWILI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Robinson, Associate Counsel