Citation Nr: 20021900
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 17-18 190
DATE: March 27, 2020

ORDER

Entitlement to an initial rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD) is dismissed.

The appeal for whether an effective date prior to August 4, 2014 is warranted for the initial grant of service connection for Irritable Bowel Syndrome (IBS)/Gastroesophageal Reflux Disease (GERD) is dismissed.

Entitlement to an initial rating in excess of 60 percent for service-connected IBS/GERD is dismissed.

The appeal for whether an effective date prior to August 4, 2014 is warranted for the initial grant of service connection for migraine headaches is dismissed.

Entitlement to an initial rating in excess of 30 percent for service-connected migraine headaches is dismissed.

The appeal for whether an effective date prior to August 4, 2014 is warranted for the initial grant of service connection for myalgia is dismissed.

Entitlement to an initial rating in excess of 10 percent for service-connected myalgia is dismissed.

The appeal for whether an effective date prior to December 1, 2014 is warranted for Special Monthly Compensation (SMC) housebound criteria is dismissed.

FINDING OF FACT

The Board of Veterans’ Appeals (Board) was notified that the Veteran died in February 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.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from March 2001 to March 2005, to include service in the Southwest Asia Theater of Operations.  

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.  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.

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.  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).

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Gonzalez, 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.