Citation Nr: 18153294
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 16-27 314
DATE:	November 27, 2018
ORDER
The appeal is dismissed.
FINDINGS OF FACT
1. The Veteran served in the United States Army from August 1981 to April 1985. 
2. The appellant is the Veteran’s widow.
3. On May 9, 2018, VA was notified that the appellant died on March [redacted], 2018.
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 FINDINGS AND CONCLUSION
The Veteran served in the United States Army from August 1981 to April 1985. This appeal arises from an August 2013 rating decision, which denied service connection for a bilateral leg disability, right eye disability, left eye disability, frost bite, and PTSD. The Veteran died during the pendency of the appeal on July 23, 2014. The appellant was substituted as the Veteran’s surviving spouse. 
Unfortunately, on March [redacted], 2018, during the pendency of the appeal, the appellant died. 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. See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
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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 appellant’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. 38 C.F.R. § 3.1010(b).
 
J. PARKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Dye, Associate Counsel