Citation Nr: 18158125
Decision Date: 12/14/18	Archive Date: 12/14/18

DOCKET NO. 16-55 792
DATE:	December 14, 2018
ORDER
Entitlement to compensation under 38 U.S.C. § 1151 for residuals left eye surgery is dismissed.
FINDING OF FACT
Before the Board promulgated a decision in this appeal, the Veteran died in September 2018.
CONCLUSION OF LAW
Because of 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) (2012); 38 C.F.R. § 20.1302 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from March 1965 to March 1968.
Entitlement to compensation under 38 U.S.C. § 1151 for residuals left eye surgery is dismissed.
Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, claims do not survive a claimant’s death.  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. 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).

 
E. I. VELEZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Foster, Associate Counsel