Citation Nr: 19150321
Decision Date: 06/27/19	Archive Date: 06/27/19

DOCKET NO. 17-56 074
DATE:	June 27, 2019

ORDER

Entitlement to service connection for tinnitus is dismissed.

Entitlement to service connection for sleep apnea is dismissed.

Entitlement to service connection for headaches is dismissed.

Entitlement to service connection for peripheral neuropathy, left lower extremity is dismissed.

Entitlement to service connection for peripheral neuropathy, right lower extremity is dismissed.

FINDING OF FACT

In January 2019, the Board received notice that the Veteran died on January [Redacted], 2019. 

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the issues on appeal at this time. 38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.1302 (2018). 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1984 to July 1986. 

In October 2017, the Veteran perfected in appeal that included the five issues listed above, after which the Agency of Original Jurisdiction certified the appeal to the Board for adjudication. See August 2017 Statement of the Case; February 2018 VA Form 8.

Unfortunately, the Veteran passed away during the pendency of the appeal. Specifically, VA received notice indicating that the Veteran had passed away on January [Redacted], 2019. 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). 

Accordingly, 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. Indeed, the Board’s dismissal of the 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 claims 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; see 38 C.F.R. § 3.1010(a) (2018). 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).



 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	A.J. Turnipseed, 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.