Citation Nr: 18152578
Decision Date: 11/23/18	Archive Date: 11/23/18

DOCKET NO. 16-32 274
DATE:	November 23, 2018
ORDER
The appeal of entitlement to payment or reimbursement for non-VA medical care under the Camp Lejeune Family Member Program (CLFMP) pursuant to 38 C.F.R. § 17.410 is dismissed.
FINDING OF FACT
The Board has been notified that the appellant passed away in January 2017.
CONCLUSION OF LAW
Due to the death of the appellant, 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 March 1969 to September 1970, and from December 1974 to November 1994, with more than 30 days of service at Camp Lejeune during his service.  The Veteran passed away in February 1995, and the appellant in this case was his surviving spouse.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from February 2015 letter of determination by a Department of Veterans Affairs (VA) Financial Services Center.  During the pendency of the appeal, the Board was notified by the appellant’s son that she had passed away in January 2017.  
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, 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 appellant and must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
 
JAMES G. REINHART
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Peters, Counsel