Citation Nr: 20039912
Decision Date: 06/11/20	Archive Date: 06/11/20

DOCKET NO. 16-60 519
DATE: June 11, 2020

ORDER

The appeal for eligibility for death pension benefits is dismissed.

FINDING OF FACT

The appellant died in March 2019, while her appeal of the Board’s June 2017 denial of her claim for death pension benefits was pending with the United States Court of Appeals for Veterans Claims (Court).

CONCLUSION OF LAW

Due to the death of the claimant, the Board currently has no jurisdiction to adjudicate the merits of the claim for death pension benefits. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had 20 years of active duty service, during which he was awarded the Bronze Star Medal and the Purple Heart Medal, among other citations, for his valorous service to his country. He died in November 2013 and appellant was his widow. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an administrative decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in January 2015. 

The Board issued a decision  in June 2017 that denied appellant’s claim for death pension benefits. The appellant appealed the Board's June 2017 decision to the United States Court of Appeals for Veterans Claims (Court). She died in March 2019 during the pendency of her appeal. In a January 2020 Order, the Court   denied her son’s motion to substitute, set aside the Board’s June 2017 decision,   and dismissed her appeal.

1. Eligibility for death pension benefits

The appellant died during the pendency of her appeal to the Court. 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 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) (2012); 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 claim does not affect the right of an eligible person   to file a request to be substituted as the appellant for purposes of processing these claims to completion. See 38 U.S.C. § 5121A (2012); 38 C.F.R. §§ 3.1010, 20.1302 (2019). If the request to substitute is granted, the case will assume its original place on the Board’s docket. 38 C.F.R. § 20.1302(a), 20.900(a)(2) (2019). 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Van Wambeke, 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.