Citation Nr: 20007976
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 16-46 242
DATE: January 30, 2020

ORDER

Entitlement to an effective date prior to December 29, 2015 for the grant of entitlement to service connection for esophageal cancer is dismissed.

FINDINGS OF FACT

1. The Veteran in this case served on active duty in the U.S. Coast Guard from March 1964 to July 1993.

2.  On January 21, 2020, the Board was notified by the Department of Veterans Affairs (VA) Regional Office in Los Angeles, California, that the Veteran died on January [REDACTED], 2020.

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 (2018)

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty in the U.S.Coast Guard from March 1964 to July 1993.

Entitlement to an effective date prior to December 29, 2015 for the grant of entitlement to service connection for esophageal cancer.

Unfortunately, the appellant 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 appellant and must be dismissed for lack of jurisdiction.  See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302 (2018). 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. 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.