Citation Nr: 18150390
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 18-08 577
DATE:	November 15, 2018
ORDER
The claim for entitlement to service connection for chronic obstructive pulmonary disease is dismissed.  
The claim for entitlement to service connection for sleep apnea is dismissed.
The claim for entitlement to service connection for hypertension is dismissed. 
The claim for entitlement to service connection for headaches is dismissed. 
The claim for an increased rating in excess of 50 percent for an anxiety disorder is dismissed.
The claim for entitlement to an earlier effective date for an anxiety disorder is dismissed. 
FINDINGS OF FACT
1. In October 2018, prior to the promulgation of a decision in the appeal, VA was notified the Veteran died in October 2018.
2. In October 2018, prior to the promulgation of a decision in the appeal, VA was notified the Veteran died in October 2018.
3.  In October 2018, prior to the promulgation of a decision in the appeal, VA was notified the Veteran died in October 2018.
4.  In October 2018, prior to the promulgation of a decision in the appeal, VA was notified the Veteran died in October 2018.
5.  In October 2018, prior to the promulgation of a decision in the appeal, VA was notified the Veteran died in October 2018.
6.  In October 2018, prior to the promulgation of a decision in the appeal, VA was notified the Veteran died in October 2018.
CONCLUSIONS OF LAW
1. Because of the death of the Veteran, 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.
2.  Because of the death of the Veteran, 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.
3.  Because of the death of the Veteran, 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.
4.  Because of the death of the Veteran, 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.
5.  Because of the death of the Veteran, 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.
6.  Because of the death of the Veteran, 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.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active service from September 1983 to August 1986 and from September 1988 to October 1993.
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, claims do not survive a claimant’s death.  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 Veteran and must be dismissed for lack of jurisdiction.  See 38 U.S.C. § 7104 (a) (2012); 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. 
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.  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, 38 C.F.R. § 3.1010 (a). 
 
John J. Crowley
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Snoparsky, Associate Counsel