Citation Nr: 18155124
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 07-13 695
DATE:	December 4, 2018
ORDER
Entitlement to service connection for a right knee disability, to include status post total knee replacement is dismissed.
FINDING OF FACT
The Court’s June 2018 memorandum decision reflects that the Veteran died in November 2017. 
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 from September 1948 to September 1953.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2006 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 
The Board issued a decision in October 2016 denying service connection for a right knee disability. In a June 2018 memorandum decision, the United States Court of Appeals for Veterans’ Claims (Court) vacated the Board’s October 2016 decision and dismissed the appeal due to the death of the Veteran during the pendency of the appeal.
Right knee disability
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); 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.
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.
 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Norwood, Associate Counsel