Citation Nr: 18145158
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 16-41 213
DATE:	October 26, 2018
ORDER
Entitlement to service connection for a left ankle disorder is dismissed.
Entitlement to service connection for chest pains is dismissed.
Entitlement to service connection for a skin condition of the back is dismissed.

FINDING OF FACT
In July 2018, the Board was notified that the Veteran died on December [redacted], 2017.

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) (2012); 38 C.F.R. § 20.1302 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
Dismissal
Unfortunately, the Veteran died 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 the death of the Veteran and must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104 (a) (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 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.  38 U.S.C. § 5121A (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 (2012); 38 C.F.R. § 3.1010 (a) (2017).  
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An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the Veteran should file a request for substitution with the VA office from which the claim originated.  38 C.F.R. § 3.1010 (b) (2017).
 
M. HYLAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Reed, Associate Counsel