Citation Nr: 20003293 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 19-07 935 DATE: January 14, 2020 ORDER The appeal for entitlement to a disability rating in excess of 40 percent for left upper extremity diabetic peripheral neuropathy involving the radial, median and ulnar nerves (major) (hereinafter “left upper extremity diabetic peripheral neuropathy”) is dismissed. The appeal for entitlement to a disability rating in excess of 20 percent for right lower extremity diabetic peripheral neuropathy (involving the sciatic nerve) is dismissed. The appeal for entitlement to an effective date earlier than January 19, 2018, for the grant of an increased evaluation of 40 percent for left upper extremity diabetic peripheral neuropathy is dismissed. The appeal for entitlement to an effective date earlier than January 19, 2018, for the grant of an increased evaluation of 30 percent for right upper extremity diabetic peripheral neuropathy involving the radial, median and ulnar nerves (minor) is dismissed. The appeal for entitlement to an effective date earlier than January 19, 2018, for the grant of an increased evaluation of 20 percent for right lower extremity diabetic peripheral neuropathy is dismissed. FINDING OF FACT On October 25, 2019, the Board of Veterans’ Appeals (Board) received notice that the Veteran passed away in October 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); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION Preliminary Matters The Veteran had honorable active duty service with the United States Navy from August 1970 to February 1972. Unfortunately, the Veteran passed away in October 2019. In October 2019, the Board was notified of his death. Dismissal Unfortunately, the Veteran died during the pendency of the appeal. On October 25, 2019, prior to a Board decision in this case, the Board received notice that the Veteran passed away in October 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). The issues on appeal on the merits have 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); 38 C.F.R. § 20.1302. In reaching this determination, the Board intimates no opinion as to the merits of the issues on appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. The Board’s dismissal of the issues on 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. 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; 38 C.F.R. § 3.1010(a). 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). B. MULLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. MacDonald, 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.