Citation Nr: 19147282
Decision Date: 06/18/19	Archive Date: 06/17/19

DOCKET NO. 18-35 013
DATE:	June 18, 2019

ORDER

Entitlement to service connection for the Veteran’s cause of death is dismissed.

FINDING OF FACT

In December 2018, a copy of the appellant’s certificate of death was received by VA.  

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the claim at this time.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2018); but see 38 U.S.C. § 5121A (2012).

REASONS AND BASES FOR FINDING AND CONCLUSION

Unfortunately, the appellant, the Veteran’s surviving spouse, died during the pendency of the appeal.  As a matter of law, appellant’s 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 appellant and must be dismissed for lack of jurisdiction.  See 38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.1302 (2017).

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 (2018).  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 will include a living person who would be eligible to receive accrued benefits under 38 U.S.C. § 5121(a).  38 U.S.C. § 5121A (2012)

The Regional Office from which the claim originated will process the December 2018 substitution request submitted by the appellant’s daughter.

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	J. E. Kim, Associate 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.