Citation Nr: 18148356 Decision Date: 11/07/18 Archive Date: 11/07/18 DOCKET NO. 15-34 201 DATE: November 7, 2018 ORDER The petition to reopen the claim of entitlement to service connection for an acquired psychiatric disorder is dismissed. The petition to reopen the claim of entitlement to service connection for hypertension (HTN) is dismissed. The petition to reopen the claim of entitlement to service connection for kidney disability is dismissed. Entitlement to service connection for bilateral wrist disability is dismissed. Entitlement to service connection for bilateral pes planus is dismissed. Entitlement to service connection for a respiratory disorder is dismissed. Entitlement to service connection for diverticulitis is dismissed. Entitlement to service connection for hemorrhoids is dismissed. Entitlement to service connection for dysphagia (claimed as gastroesophageal reflux disease) is dismissed. Entitlement to service connection for erectile dysfunction (ED) is dismissed. Entitlement to service connection for lipoma on right lateral chest wall is dismissed. FINDINGS OF FACT 1. The Veteran died in late-July 2018; VA was notified in October 2018. 2. At the time of his death, the Veteran’s petition to reopen the previously denied claims of service connection for an acquired psychiatric disorder, HTN, and kidney disorder, respectively, and claims of entitlement to service connection for bilateral wrist disability, bilateral pes planus, a respiratory disorder, diverticulitis, hemorrhoids, dysphagia, ED, and lipoma on right lateral chest wall, respectively, were in appellate status. 3. At this time, there has been no request to substitute for the deceased Veteran. CONCLUSIONS OF LAW Due to the death of the Veteran, the Board has no jurisdiction at this time to adjudicate the merits of any of his pending appeals. 38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.1302 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Unfortunately, the Veteran died in July 2018 during the pendency of his appeals on these issues. 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 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). These appeals on the merits have 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 (2018). 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 (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 Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, § 212, 122 Stat. 4145, 4151 (2008) (establishing 38 U.S.C. § 5121A, substitution in case of death of a claimant who dies on or after October 10, 2008). As provided for in this new provision, a person eligible for substitution will include “a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title...” An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the veteran should file a request for substitution with the Regional Office where the claim originated. 1. Whether new and material evidence has been submitted to reopen a previously denied claim of service connection for an acquired psychiatric disorder For the reasons set forth above, this claim must be dismissed. 2. Whether new and material evidence has been submitted to reopen a previously denied claim of service connection for HTN For the reasons set forth above, this claim must be dismissed. 3. Whether new and material evidence has been submitted to reopen a previously denied claim of service connection for kidney disability For the reasons set forth above, this claim must be dismissed. 4. Entitlement to service connection for bilateral wrist disability For the reasons set forth above, this claim must be dismissed. 5. Entitlement to service connection for bilateral pes planus For the reasons set forth above, this claim must be dismissed. 6. Entitlement to service connection for a respiratory disorder For the reasons set forth above, this claim must be dismissed. 7. Entitlement to service connection for diverticulitis For the reasons set forth above, this claim must be dismissed. 8. Entitlement to service connection for hemorrhoids For the reasons set forth above, this claim must be dismissed. 9. Entitlement to service connection for dysphagia (claimed as gastroesophageal reflux disease) For the reasons set forth above, this claim must be dismissed. 10. Entitlement to service connection for ED For the reasons set forth above, this claim must be dismissed. (Continued on the next page)   11. Entitlement to service connection for lipoma on right lateral chest wall For the reasons set forth above, this claim must be dismissed. THOMAS H. O'SHAY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Kalolwala, Associate Counsel