Citation Nr: 18154931
Decision Date: 12/03/18	Archive Date: 11/30/18

DOCKET NO. 12-32 019
DATE:	December 3, 2018
ORDER TO VACATE
1. Entitlement to a compensable disability rating for squamous cell carcinoma of the right vocal cord.
2. Entitlement to a disability rating in excess of 10 percent for residuals of carcinoma of the larynx, hypothyroidism. 
3. Entitlement to a disability rating in excess of 10 percent for residuals of carcinoma of the larynx, hoarseness.
4. Entitlement to a disability rating in excess of 30 percent for residuals of carcinoma of the larynx, salivary glands impairment.
5. Entitlement to a compensable initial rating for bilateral hearing loss.
6. Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities.  
The Veteran’s appeal came before the Board in June 2016 following a Joint Motion for Remand from the United States Court of Appeals for Veterans Claims.  
The Veteran died early in 2016.  Unaware of this, the Board issued a June 28, 2016 decision granting in part, denying in part, and remanding in part, his appeal.  As a matter of law, however, 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).  As a result, there was no living appellant in this matter as of June 28, 2016, and the Board was without jurisdiction to issue a merits decision at that time.  Accordingly, the June 2016 Board decision is vacated.  38 C.F.R. § 20.900(a).  
 
Nathaniel J. Doan
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Thompson, Associate Counsel