Citation Nr: 18147117 Decision Date: 11/05/18 Archive Date: 11/02/18 DOCKET NO. 12-18 139 DATE: November 5, 2018 ORDER Entitlement to service connection for chronic obstructive pulmonary disease (COPD), including as secondary to the service connected coronary artery disease, is dismissed. Entitlement to service connection for peripheral artery disease right leg, including as secondary to the service connected coronary artery disease, is dismissed. Entitlement to a rating in excess of 30 percent for anxiety disorder is dismissed. Entitlement to an extraschedular total disability rating due to individual unemployablity (TDIU) prior to September 10, 2013 is dismissed. FINDINGS OF FACT 1. In October 2018, the Board was notified by the Department of Veterans Affairs (VA) Regional Office, Nashville, Tennessee, that the Veteran died in September 2018. 2. In June 2018, prior to the promulgation of a decision in the appeal, the Regional Office (RO) granted the Veteran an extraschedular TDIU prior to September 10, 2013. CONCLUSIONS OF LAW 1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of these appeals at this time. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2017). 2. The appeal concerning entitlement to a TDIU on an extraschedular basis prior to September 10, 2013 is dismissed, as an extraschedular TDIU was already granted and there remains no justiciable case or controversy with respect to this claim. 38 U.S.C. § 7105 (2012). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably in the United States Army from December 1967 to December 1970. 1. Entitlement to service connection for COPD and for peripheral artery disease right leg, including as secondary to the service connected coronary artery disease, and entitlement to a rating in excess of 30 percent for anxiety disorder Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, veterans’ claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Board. App. 330, 333-34 (1997); Landicho v. Brown, 7 Board. 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) (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 to any derivative claim brought by a survivor of the Board. 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. See 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); see 38 C.F.R. § 3.1010(a) (2017). 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) (2017). 2. Entitlement to an extraschedular TDIU prior to September 10, 2013 In regard to the claim for an extraschedular TDIU prior to September 10, 2013, an extraschedular TDIU was awarded by the RO in a June 2018 rating decision. As such, this claim is dismissed as a matter of law, as there remains no case or controversy; or dispute of fact or law, regarding this issue. 38 U.S.C. § 7105; see also Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991). The benefit sought on appeal was granted in full. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Laura A. Crawford, Associate Counsel