Citation Nr: 1829902	
Decision Date: 10/02/18    Archive Date: 10/19/18

DOCKET NO.  15-14 801A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines


THE ISSUES

1.  Entitlement to an evaluation in excess of 10 percent for right knee strain, status post reconstruction, with degenerative joint disease (DJD).  

2.  Entitlement to an evaluation in excess of 10 percent for left knee patella tendinitis with DJD.

3.  Entitlement to an initial evaluation in excess of 10 percent for sciatic nerve radiculopathy of the right lower extremity (RLE).  

4.  Entitlement to an initial evaluation in excess of 10 percent for sciatic nerve radiculopathy of the left lower extremity (LLE).  

5.  Entitlement to service connection for a lung disability.

6.  Entitlement to service connection for dermatitis.

7.  Entitlement to service connection for diabetes mellitus.  

8.  Entitlement to an effective date earlier than January 9, 2013 for the award of the grant of service connection for sciatic nerve radiculopathy of the RLE.  

9.  Entitlement to an effective date earlier than January 9, 2013 for the award of the grant of service connection for sciatic nerve radiculopathy of the LLE.

10.  Entitlement to an effective date earlier than December 9, 2013 for the award of the grant of service connection for erectile dysfunction.  

11.  Entitlement to an effective date earlier than January 9, 2013 for the award of the grant of a 40 percent evaluation for degenerative disc disease (DDD) of the lumbar spine with lumbar spondylosis.  

12.  Entitlement to an effective date earlier than December 9, 2013 for the award of the grant of special monthly compensation (SMC) based on the loss of use of a creative organ.  

13.  Entitlement to an effective date earlier than January 9, 2013 for the award of the grant of a 20 percent evaluation for left Achilles tendinitis with gout.

14.  Entitlement to an effective date earlier than January 9, 2013 for the award of the grant of a 10 percent evaluation for hypertension with hypercholesterolemia.  

15.  Entitlement to an effective date earlier than January 9, 2013 for the award of the grant of a 10 percent evaluation for scar on the right shoulder, status post lipoma excision.  

REPRESENTATION

Veteran represented by:	James Fausone, Agent


ATTORNEY FOR THE BOARD

Journet Shaw


INTRODUCTION

The Veteran served on active duty in the U.S. Army from May 1978 to May 2000.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions in March 2014 and May 2014 by the Department of Veterans Affairs (VA) Regional Office (RO).  

FINDING OF FACT

The Veteran died in September 2018, during the pendency of this appeal.


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.A. § 7104(a); 38 C.F.R. § 20.1302. 


REASONS AND BASES FOR FINDING AND CONCLUSION

Unfortunately, the appellant 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 virtue of the death of the appellant and must be dismissed for lack of jurisdiction.  See 38 U.S.C.A. § 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.A. § 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.A. § 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 (listed on the first page of this decision).  38 C.F.R. § 3.1010(b). 


ORDER

The appeal is dismissed.




		
LESLEY A. REIN
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs