Citation Nr: 18156395
Decision Date: 12/11/18	Archive Date: 12/07/18

DOCKET NO. 17-51 900
DATE:	December 11, 2018
ORDER
Entitlement to compensation under 38 U.S.C. 1151 for residuals, status post right foot and lower leg amputation (claimed under 38 U.S.C. 1151) is dismissed.
FINDING OF FACT
In November 2018, VA received notice that the Veteran had died.
CONCLUSION OF LAW
Due to the Veteran’s death, 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
Unfortunately, during the pendency of this appeal, the Veteran died in November 2018.  The Board would be remiss if it did not recognize the Veteran’s outstanding service.  The Veteran was clearly a credit to the Army and to his family, and his service to his country is greatly appreciated.
The Veteran served on active duty from January 1962 to October 1962.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona.
Unfortunately, the Veteran died during the pendency of this 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).  This appeal therefore has become moot by virtue of the Veteran’s death and accordingly must be dismissed for lack of jurisdiction.  See 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.
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 (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 (2012); see 38 C.F.R. § 3.1010 (a) (2017).  
(Continued on the next page). 
 
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 (listed on the first page of this decision).  38 C.F.R. § 3.1010 (b) (2017).
 
JOHN Z. JONES
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Denton, Buck