Citation Nr: 19152256
Decision Date: 07/05/19	Archive Date: 07/05/19

DOCKET NO. 17-27 500
DATE:	July 5, 2019

ORDER

The appeal with respect to service connection for a prostate disorder is dismissed. 

FINDING OF FACT

In April 2019, the Board was notified that the Veteran died in April 2019.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board received notification that the Veteran 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 (Fed. Cir. 1996); Smith v. Brown, 10 Vet App. 330 (1997); Landicho v. Brown, 7 Vet. App. 42 (1994).  This appeal on the merits has become moot by virtue of the Veteran’s death and must be dismissed for lack of jurisdiction. 

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).   

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.