Citation Nr: 18146496
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 11-23 623
DATE:	October 31, 2018
ORDER
The appeal as to entitlement to an increased disability rating for the service-connected posttraumatic stress disorder (PTSD) is dismissed.
FINDING OF FACT
On March 27, 2018, the Board received notice that the appellant died in March 2018.
CONCLUSION OF LAW
Due to the death of the appellant, 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 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from May 1970 to March 1972.
This matter comes before the Board of Veterans’ Appeals from an April 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).
1. Entitlement to an increased disability rating for the service-connected posttraumatic stress disorder (PTSD)
Unfortunately, the appellant passed away during the pendency of the appeal. Specifically, VA received notice indicating that the appellant had passed away in March 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).  
The appeal on the merits has become moot by virtue of 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 (2018). 
The Board’s dismissal of the 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 claims 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 (2012); 38 C.F.R. § 3.1010(b) (2018).  
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) (2018).  


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).
 
M. Donohue
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Medina, Associate Counsel