Citation Nr: 20028028
Decision Date: 04/21/20	Archive Date: 04/21/20

DOCKET NO. 18-34 693
DATE: April 21, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In February 2020, the Board was notified that the appellant, widow of the Veteran, died in April 2019.  The Veteran died in March 2015.  

CONCLUSION OF LAW

Due to the death of the appellant, 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

Unfortunately, the appellant died during the pendency of the appeal.  As a matter of law, appellants’ claims do not survive their deaths.  This appeal on the merits has become moot by virtue of the death of the appellant 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 record reflects that in August 2019, the Veteran’s adult non-dependent child has applied to be substituted for the Veteran.  To date, a review of the claims file does not show that this decision has been reached.  VA regulations specifically requires the Board to dismiss pending appeals in which the appellant had died, pending a ruling on any substitution claim.  The Board may not adjudicate claims for substitution in the first instance.  As such, the Board has forwarded this appeal for a ruling on the substitution claim. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a).  

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.  

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.