Citation Nr: 18156732 Decision Date: 12/11/18 Archive Date: 12/10/18 DOCKET NO. 15-41 223 DATE: December 11, 2018 ORDER Entitlement to an initial evaluation in excess of 10 percent for coronary artery disease for the period prior to June 2, 2003, and in excess of 60 percent for the periods of June 2, 2003 through March 28, 2005, and November 29, 2005 through May 28, 2008, is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, prior to June 2, 2003, is dismissed. REFERRED In October 2018, a request for substitution pursuant to 38 C.F.R. § 3.1010 (VA Form 21P-0847) was submitted by T.L.D.S. This matter has not yet been adjudicated by the agency of original jurisdiction (AOJ). Therefore, the Board does not have jurisdiction over it, and it is referred to the AOJ for appropriate action. 38 C.F.R. § 19.9(b). FINDING OF FACT In October 2018, the Board was notified that the Veteran died earlier that month. 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 November 1966 to June 1970. These matters come before the Board of Veterans’ Appeals (Board) from a June 2011 rating decision, in which the AOJ awarded service connection for coronary artery disease and assigned an initial 10 percent disability rating, from February 26, 2001 through February 27, 2011, and a 100 percent rating, from February 28, 2011. In September 2015, a Decision Review Officer (DRO) assigned a 60 percent disability rating for coronary artery disease, from June 2, 2003 through March 28, 2005 and from November 29, 2005 through May 28, 2008, and a 100 percent rating from March 29, 2005 through November 28, 2005, and since May 29, 2008. In January 2016, a DRO awarded TDIU since June 2, 2003. Consequently, the Board has recharacterized the claims before the Board as above based on these awards of benefits. As a final preliminary matter, the Board notes that the issues of entitlement to increased ratings for fracture of the right patella, post-operative patellectomy; shell fragment wound of the right forearm, postoperative removal of metallic foreign body; right femur fracture; shell fragment wounds/scar of the right knee; a right forearm scar; and a right patella scar, post-operative patellectomy were included on a May 2016 supplemental statement of the case and a June 2016 “Certification of Appeal” form (VA Form 8). Regardless, the Veteran never submitted any notice of disagreement with respect to these increased rating matters or otherwise perfected an appeal of these matters to the Board. Hence, these issues are not before the Board and the Board does not have jurisdiction over them at this time; those issues will no longer be addressed in this decision. See 38 C.F.R. §§ 20.200, 20.201, 20.202. Respecting the coronary artery disease and TDIU claims properly before the Board at this time, unfortunately, the Veteran died during the pendency of the appeal (see a December 2018 Social Security Administration database inquiry). 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. 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; 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). MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Elwood, Counsel