Citation Nr: 18157998
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 18-07 960
DATE:	December 14, 2018
ORDER
Service connection for closed fracture of lumbar vertebra is dismissed.
Service connection for lumbago is dismissed.
Service connection for idiopathic scoliosis/kyphoscoliosis is dismissed.
Service connection for hematuria unspecified is dismissed.
FINDING OF FACT
On December 6, 2018, VA received a Report of First Notice of Death indicating that the Veteran died earlier in November 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); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active service from September 1946 to December 1947.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an November 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
Service Connection
1. Service connection for closed fracture of lumbar vertebra
2. Service connection for lumbago
3. Service connection for scoliosis kyphoscoliosis
4. Service connection for hematuria unspecified
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, Veterans’ 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 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; 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).
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Cruz, Associate Counsel