Citation Nr: 1829906	
Decision Date: 10/19/18    Archive Date: 10/30/18

DOCKET NO.  15-46 417	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs 


ISSUES

1. Entitlement to compensation under 38 U.S.C. § 1151 for residuals of a failed left first metatarsophalangeal joint fusion and first metatarsal cheilotomy for hallux valgus of the left great toe.

2. Whether new and material evidence has been submitted to reopen the claim of service connection for a right knee disorder.

3. Entitlement to a rating in excess of 20 percent for a flexion deformity of the left index finger. 


FINDING OF FACT

On October 4, 2018, the Board was notified by the Department of Veterans Affairs (VA) Regional Office, Milwaukee, Wisconsin, that the appellant died in July 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.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.


ORDER

The appeal is dismissed.




		
B. T. KNOPE
	Veterans Law Judge, Board of Veterans' Appeals