Citation Nr: 20041777
Decision Date: 06/18/20	Archive Date: 06/18/20

DOCKET NO. 12-03 346
DATE: June 18, 2020

ORDER

The issue of whether the reduction of the disability rating for hypertension from 20 percent to 10 percent was proper is dismissed.

The appeal as to whether the overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $7,428.00 was properly created is dismissed.

FINDING OF FACT

On June 15, 2020, VA received notification that the Veteran passed away on June 6, 2020.

CONCLUSION OF LAW

Due to the Veteran’s death, the Board has no jurisdiction to adjudicate the merits of the appeal at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1973 to June 1993.  

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).  The issues on appeal have become moot by virtue of the Veteran’s death 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 the appeal or to any derivative claim brought by a survivor of the Veteran.  38 C.F.R. § 20.1106.  

The Board’s dismissal of the 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.  See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Moore

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.