Citation Nr: 20004780
Decision Date: 01/23/20	Archive Date: 01/21/20

DOCKET NO. 16-56 903
DATE: January 23, 2020

ISSUE

Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU).

ORDER

Entitlement to a TDIU is dismissed.

FINDING OF FACT

The Veteran died on April [REDACTED], 2018.

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 had active duty service from May 1953 to April 1955. The Board took jurisdiction of the TDIU claim in an April 2017 decision on the basis of the decision in Rice v. Shinseki, 22 Vet. App. 447 (2009).

This issue was remanded in an April 2017 Board decision. Unfortunately, the Veteran died 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); 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 Veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.

At this time, no determination has been made by the RO as to whether the appellant is an appropriate substitute in this case. However, the appellant was notified in October 2018 that she was considered the surviving spouse for another veteran for VA purposes.

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, but expresses deep condolences to his survivors for their loss. 38 C.F.R. § 20.1106. 

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R.M.K., 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.