Citation Nr: 18151523
Decision Date: 11/20/18	Archive Date: 11/19/18

DOCKET NO. 15-33 064
DATE:	November 20, 2018
ORDER
The appeal is dismissed. 
FINDING OF FACT
In November 2018, the Board was notified that the Veteran died in September 2018, as verified by the Social Security Administration.
CONCLUSION OF LAW
Due to 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 FINDING AND CONCLUSION
The Veteran had active duty service from July 1971 to June 1974.  
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in June 2013 by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.
The Board notes that, in his September 2015 substantive appeal (VA Form 9), the Veteran requested a hearing before a Veterans Law Judge.  However, he withdrew such request in November 2015. 
Entitlement to compensation under the provisions of 38 U.S.C. § 1151 for left ischial decubitus ulcer. 
Unfortunately, the Veteran died during the pendency of the appeal.  Specifically, in November 2018, the Board was notified that he passed away in September 2018, as verified by the Social Security Administration.
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 Veteran and must be dismissed for lack of jurisdiction.  See 38 U.S.C. § 7104(a); 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.  
In this regard, 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 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  
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; see 38 C.F.R. § 3.1010(a).  
An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated (listed on the first page of this decision).  38 C.F.R. § 3.1010(b).
 
A. JAEGER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Koria B. Stanton, Associate Counsel