Citation Nr: 18150140
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 16-37 888
DATE:	November 14, 2018
ORDER
Entitlement to an effective date prior to May 5, 2015 for the 100 percent evaluation of hypertensive heart disease (previously rated as coronary artery disease with hypertension) is dismissed.
FINDING OF FACT
In October 2018, the Board was notified that the appellant died in October 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. § 7104(a); 38 C.F.R. § 20.1302 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
1. Entitlement to an effective date prior to May 5, 2015 for the 100 percent evaluation of hypertensive heart disease (previously rated as coronary artery disease with hypertension)
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. § 7104(a); 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 Veteran. 38 C.F.R. § 20.1106 (2017).
 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christine E. Grossman, Associate Counsel