Citation Nr: 18152254
Decision Date: 11/21/18	Archive Date: 11/21/18

DOCKET NO. 17-44 676
DATE:	November 21, 2018
ORDER
Entitlement to service connection to vertigo due to tinnitus and military noise exposure, previously peripheral vestibular disorder is dismissed.
FINDING OF FACT
The Veteran passed away in July 2018.
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 served on active duty in the United States Air Force from April 1963 to April 1965.
1. Entitlement to service connection to vertigo due to tinnitus and military noise exposure, previously peripheral vestibular disorder.
Unfortunately, the Veteran 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, 1243-44 (Fed. Cir. 1996). 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. 


 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Acosta, Counsel