Citation Nr: 18147134
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 15-12 273
DATE:	November 2, 2018
ORDER
The appeal as to entitlement to accrued benefits is dismissed.
FINDING OF FACT
In September 2018, the Board received notice that the appellant died in March 2016, prior to promulgation of a decision in his appeal.

CONCLUSION OF LAW
Due to the appellant's death, 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 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from January 1942 to October 1945.  He died in January 2005, and his surviving spouse died in September 2012.  The appellant was the grandson of the Veteran and his surviving spouse.
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. Jurisdiction is with the RO in St. Petersburg, Florida.

Entitlement to Accrued Benefits
Unfortunately, the appellant died during the pendency of the appeal. The record contains a September 2018 report of general information indicating that the appellant passed away in March 2016.  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. § 7104 a) (2012); 38 C.F.R. § 20.1302.
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; 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).
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In dismissing this appeal, 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.
 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. E. Wilkerson, Counsel