Citation Nr: 18144710
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 11-00 791
DATE:	October 25, 2018
ORDER
The appeal for entitlement to service connection for residuals of a tuft fracture, right thumb is dismissed.
INTRODUCTION
The Veteran served on active duty from September 1980 to May 2001.
FINDING OF FACT
Before the Board promulgated a decision in this appeal, the Veteran died in August 2018.
CONCLUSION OF LAW
Because of 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; but see Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, § 212, 122 Stat. 4145, 4151; 38 U.S.C. § 5121A.
REASONS AND BASES FOR FINDING AND CONCLUSION
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, claims do not survive a claimant’s 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).  This appeal has become moot on the merits 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.  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 (2012); see 38 C.F.R. § 3.1010 (a) (2017).

 
T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. Fraser, Counsel