Citation Nr: 18152230
Decision Date: 11/21/18	Archive Date: 11/21/18

DOCKET NO. 12-14 244
DATE:	November 21, 2018
ORDER
The appeal seeking service connection for left knee/leg and right knee/leg disabilities is dismissed.
FINDING OF FACT
On September 17, 2018, the VA received a report that the Veteran had died earlier in the month; the Veteran’s death certificate was received in October 2018.
CONCLUSION OF LAW
Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of his appeal seeking service connection for left knee/leg and right knee/leg disabilities at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDING AND CONCLUSION
On September 17, 2018, the VA received a report, purportedly from the Veteran’s surviving spouse, indicating that the Veteran had died earlier in the month.  In October 2018, she submitted the Veteran’s death certificate, together with an application for DIC, death pension, and/or accrued benefits.  As the Veteran died during the pendency of the appeal, as a matter of law his appeal seeking service connection for left knee/leg and right knee/leg disabilities does not survive his death, and the appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; 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).  
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 Veteran for purposes of processing the claims to completion.  Such request must be filed not later than one year after the date of the Veteran’s death.  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  Here, the Board notes that a substitution request has been filed in October 2018 by the Veteran’s purported surviving spouse.  However, as noted in a November 2018 letter to her, VA is unable to grant her substitution request pending additional information from her (i.e., evidence of a legal name change or evidence to substantiate the difference in names that appear in the application she filed in October 2018 and the Veteran’s marriage certificate on file).  
 
George R. Senyk
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Debbie Breitbeil, Counsel