Citation Nr: 18145181
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 16-16 481
DATE:	October 26, 2018
ORDER
Entitlement to service connection for left ankle arthritis is dismissed.
Entitlement to service connection for right ankle arthritis is dismissed.
Entitlement to service connection for degenerative arthritis of the spine as secondary to the nonservice-connected disabilities of arthritis of bilateral ankles and feet is dismissed.
Entitlement to service connection for left hip condition as secondary to the nonservice-connected disabilities of arthritis of bilateral ankles and feet is dismissed.
Entitlement to service connection for right hip condition as secondary to the nonservice-connected disabilities of arthritis of the bilateral ankles and feet is dismissed.
Entitlement to service connection for right foot arthritis is dismissed.
Entitlement to service connection for left foot arthritis is dismissed.
Entitlement to service connection for hypertension is dismissed.
Entitlement to a disability evaluation in excess of 60 percent for service-connected carcinoma of the lung prior to January 8, 2015 is dismissed.
Entitlement to a disability evaluation in excess of 50 percent for service-connected post-traumatic stress disorder (PTSD) with depressive disorder, not otherwise specified is dismissed.
Entitlement to special monthly compensation based on the need for aid and attendance is dismissed.
Entitlement to individual unemployability (TDIU) prior to January 8, 2015 is dismissed.
FINDING OF FACT
In October 2018, the Board received notice of the Veteran’s death in August 2018.
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); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active duty service from August 1965 to June 1967.  
Unfortunately, the Veteran passed away during the pendency of the appeal in August 2018. 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 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. Such request must be filed not later than one year after the date of the appellant’s death. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). 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; see 38 C.F.R. § 3.1010(a). An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated. 38 C.F.R. § 3.1010(b). 
 
A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Churchwell, Counsel