Citation Nr: 20033656 Decision Date: 05/14/20 Archive Date: 05/14/20 DOCKET NO. 05-26 341 DATE: May 14, 2020 ORDER The appeal seeking entitlement to service connection for peripheral neuropathy of the bilateral upper extremities, to include as secondary to service-connected diabetes mellitus, type 2, is dismissed. The appeal seeking entitlement to an initial rating higher than 40 percent for right lower extremity peripheral artery disease and atherosclerotic vascular disease manifested as carotid artery disease associated with diabetes mellitus, type 2, is dismissed. The appeal seeking entitlement to an initial rating higher than 40 percent for left lower extremity peripheral artery disease and atherosclerotic vascular disease manifested as carotid artery disease associated with diabetes mellitus, type 2, is dismissed. FINDING OF FACT In May 2020, the Board was notified that the Veteran died in April 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 had active service from August 1965 to July 1968. This matter comes before the Board of Veterans’ Appeals (BVA or Board) from a May 2003 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the claims in November 2008, December 2011, October 2012 and June 2017. In a January 2018 decision, the Board denied entitlement to service connection for peripheral neuropathy of the bilateral upper extremities, entitlement to initial ratings higher than 40 percent for bilateral lower extremities, and entitlement to a TDIU, prior to December 29, 2015. The Veteran appealed the January 2018 Board decision to the Court of Appeals for Veterans Claims (CAVC) and in September 2019 the Court issued a Memorandum Decision that partially vacated the January 2018 decision, remanding the issues of entitlement to service connection for peripheral neuropathy of the bilateral upper extremities and entitlement to initial ratings higher than 40 percent for bilateral lower extremities back to the Board; the Court affirmed the Board’s denial of entitlement to a TDIU, prior to December 29, 2015. Unfortunately, the Veteran died during the pendency of this appeal. As a matter of law, Veterans’ claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996). 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 Veteran’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). TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Andersen, 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.