Citation Nr: 18151138
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 13-32 961
DATE:	November 16, 2018
ORDER
Service connection for right plantar fasciitis is dismissed.
Service connection for hearing loss, right ear, is dismissed.
Service connection for tinnitus is dismissed.
Service connection for gastroesophageal reflux disease is dismissed.
Service connection for a hernia is dismissed.
FINDING OF FACT
Prior to the promulgation of a decision in this appeal, the appellant died in May 2011.
CONCLUSION OF LAW
Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal at this time.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2018).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active military service in the United States Marine Corps from November 1972 to May 1976 and October 1996 to March 1997.  
These matters come before the Board of Veterans’ Appeals (Board) on appeal from an April 2010 rating decision issued by the VA Regional Office (RO) in San Diego, California.
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 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330 (1997); Landicho v. Brown, 7 Vet. App. 42 (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.  38 U.S.C. § 7104(a); 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.  Any request must be filed not later than one year after the date of the veteran’s death.  Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, § 212, 122 Stat. 4145, 4151 (2008). 
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Ware, Associate Counsel