Citation Nr: 19145437
Decision Date: 06/11/19	Archive Date: 06/11/19

DOCKET NO. 18-30 170
DATE:	June 11, 2019

ORDER

Entitlement to service connection for tinnitus is dismissed.

Entitlement to service connection for pulmonary fibrosis is dismissed.

Entitlement to service connection for heart disease is dismissed.

Entitlement to service connection for cold weather injuries to the bilateral upper and lower extremities is dismissed.

Entitlement to service connection for an acquired psychiatric disorder to include anxiety disorder is dismissed.

FINDING OF FACT

In May 2019, prior to the promulgation of a decision in the appeal, the Veteran passed away.

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 September 1951 to September 1955.  He served in the United States Air Force.

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a December 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, the Veteran died in May 2019 during the pendency of the 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).  The 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. § 5121; 38 C.F.R. § 3.1010(b).  

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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). 



 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Russell P. Veldenz, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.