Citation Nr: 18155683
Decision Date: 12/06/18	Archive Date: 12/04/18

DOCKET NO. 16-13 530
DATE:	December 6, 2018
ORDER
The appeal is dismissed.
 
FINDING OF FACT
The Veteran died in April 2018, prior to the issuance of a final Board decision.
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; 38 C.F.R. § 20.1302. 
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from June 1969 to June 1973.  He died in April 2018.  
The case is on appeal from a January 2015 rating decision.
Whether the severance of service connection for diabetes mellitus, type II, was proper.
Whether the severance of service connection for diabetic nephropathy was proper.
Whether the severance of service connection for diabetic neuropathy, left lower extremity, was proper.
Whether the severance of service connection for diabetic neuropathy, right lower extremity, was proper.
Service connection for erectile dysfunction as secondary to diabetes mellitus, type II
Entitlement to a TDIU.
Entitlement to special monthly compensation based on loss of use.
Entitlement to special monthly compensation based on aid and attendance/housebound.
Unfortunately, the Veteran died during the pendency of the appeal.  In November 2018, prior to a Board decision on the matter, a Social Security Administration database record was associated with the claims file.  It shows the Veteran passed away in April 2018.  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 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.  
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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).

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Bosely, Counsel