Citation Nr: 18155152
Decision Date: 12/03/18	Archive Date: 12/03/18

DOCKET NO. 17-38 373
DATE:	December 3, 2018
ORDER
1.  Entitlement to a disability rating in excess of 10 percent for residuals of a dislocation of the right elbow with loose body and epicondylitis is dismissed.    
2.  Entitlement to an initial compensable disability rating for limitation of extension of the right elbow is dismissed.  
3.  Entitlement to an initial compensable disability rating for limitation of flexion of the right elbow is dismissed.  
4.  Entitlement to an initial compensable disability rating for impairment of supination of the right elbow is dismissed. 
5.  Entitlement to an initial compensable disability rating for a surgical scar of the right knee is dismissed.  
FINDING OF FACT
On October 26, 2018, the Board was notified that the Veteran died in October 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) (2012); 38 C.F.R. § 20.1302 (2017). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from May 1947 to March 1950. 
The Veteran initially requested in his July 2017 substantive appeal to the Board (VA Form 9) that a Board hearing via videoconference be scheduled.  
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, appellants’ claims do not survive their deaths.  See 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 (2017).  
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 Veteran’s death.  See 38 U.S.C. § 5121A (2012); 38 C.F.R. § 3.1010(b) (2017).  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). 
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Hodzic, Counsel