Citation Nr: 18151141
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 16-43 922
DATE:	November 16, 2018
ORDER
The Veteran’s motion to revise a prior Board decision on the basis of clear and unmistakable error (CUE) is dismissed.
FINDING OF FACT
In September 2018, the Board was notified that the moving party, the Veteran, died in the same month.
CONCLUSION OF LAW
Because of the death of the moving party, the Board has no jurisdiction to rule on this motion.  38 U.S.C. § 7111; 38 C.F.R. § 20.1400.
REASONS AND BASES FOR FINDING AND CONCLUSION
Unfortunately, the moving party died in September 2018, prior to the issuance of a ruling on this motion.  As a matter of law, a moving party's motion does not survive his or her 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 motion has become moot by virtue of the death of the moving party, the Veteran, and must therefore be dismissed for lack of jurisdiction.  38 U.S.C. § 7111(a); 38 C.F.R. § 20.1401(b).
In reaching this determination, the Board intimates no opinion as to the merits of this motion or to any derivative motion filed by a survivor of the moving party.  38 C.F.R. § 20.1106.
 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Thomas, Associate Counsel