Citation Nr: 18156685
Decision Date: 12/11/18	Archive Date: 12/10/18

DOCKET NO. 17-14 041A
DATE:	December 11, 2018
ORDER
Entitlement to service connection for dermatitis (claimed as skin condition on chest, back, and hands), to include as due to herbicide exposure, is dismissed.
FINDING OF FACT
The Veteran died in July 2018.
CONCLUSION OF LAW
Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim 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 January 1966 to November 1969.
1. Entitlement to service connection for dermatitis (claimed as skin condition on chest, back, and hands), to include as due to herbicide exposure, is dismissed.
Unfortunately, the Veteran died in July 2018, during the pendency of the appeal. The appeal on the merits has become moot by virtue of the death of the appellant/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.
An appeal pending before the Board of Veterans’ Appeals when the veteran dies will be dismissed without prejudice pursuant to 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 claimant’s death.  See 38 C.F.R. § 3.1010(b).  A person eligible for substitution will include a living person who would be eligible to receive accrued benefits due to the claimant under 38 U.S.C. § 5121(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.
 
 MARJORIE A. AUER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Purcell, Associate Counsel