Citation Nr: 20038064
Decision Date: 06/03/20	Archive Date: 06/03/20

DOCKET NO. 94-09 317
DATE: June 3, 2020

ORDER

The motion to reverse or revise on the basis of clear and unmistakable error (CUE) a March 1996 Board decision that denied service connection for numbness of the left arm and hand, is dismissed.

 

FINDING OF FACT

In April 2020, prior to a Board decision, the Veteran passed away.

CONCLUSION OF LAW

Due to the death of the Veteran, the motion to reverse or revise on the basis of CUE a March 1996 Board decision that denied service connection for numbness of the left arm and hand, is moot.  38 U.S.C. § 7104; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran, who was the moving party, served on active duty from June 1970 to November 1971.  

This matter is before the Board as an original action on the April 2019 motion of the Veteran in which he alleged CUE in a March 1996 Board decision.  See 38 U.S.C. § 7111; 38 C.F.R. § 20.1400.

Whether a March 1996 Board decision that denied service connection for numbness of the left arm and hand should be reversed or revised on the basis (CUE).

(Continued on the next page)

 

Unfortunately, the Veteran died during the pendency of the appeal.  In April 2020, prior to a Board decision on the matter, the Veteran’s representative informed VA that the Veteran had passed away in April 2020.  This was confirmed through a Social Security Administration database search in May 2020.  As a matter of law, a moving party’s CUE motion does not survive his death.  Haines v. West, 154 F.3d 1298, 1301-02, (Fed. Cir. 1998).  This motion 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.

In reaching this determination, the Board intimates no opinion as to the merits of this motion.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.