Citation Nr: 20046936 Decision Date: 07/14/20 Archive Date: 07/14/20 DOCKET NO. 14-37 019 DATE: July 14, 2020 ORDER Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to June 10, 2019, and 70 percent thereafter, is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to June 10, 2019, is dismissed. FINDING OF FACT On June 21, 2020, prior to adjudication by the Board, VA was notified that the Veteran died in June 2020. CONCLUSIONS OF LAW 1. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the appeals at this time. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302 2. The criteria for dismissal of entitlement to a rating greater than 50 percent for PTSD prior to June 10, 2019, and 70 percent thereafter are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for dismissal of entitlement to a TDIU prior to June 10, 2019 are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from June 1968 to July 1970. His decorations included the Combat Infantryman Badge and Bronze Star Medal. This matter comes before the Board of Veterans’ Appeals (Board) from a September 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that granted entitlement to service connection for PTSD and assigned an initial 30 percent rating, effective June 18, 2012. A May 2018 Board decision granted an initial evaluation of 50 percent for PTSD effective June 18, 2012 and denied entitlement to a TDIU. In January 2019 the Court of Appeals for Veterans Claims and Secretary of VA submitted a Joint Motion for Remand vacating the portion of the May 2018 Board decision that denied entitlement to TDIU and a rating in excess of 50 percent for PTSD. A subsequent Board decision in September 2019 remanded both claims for further development. In an April 2020 rating decision, the RO granted a higher staged rating for PTSD of 70 percent and entitlement to a TDIU, both effective June 10, 2019. Thus, the issues before the Board became entitlement to an initial rating in excess of 50 percent for PTSD prior to June 10, 2019, and 70 percent thereafter, and entitlement to a TDIU prior to June 10, 2019. Unfortunately, the Veteran died during the pendency of this 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). By virtue of the death of the appellant, the appeal 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 appellant’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).” 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). LAURA E. COLLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Allen M. Kerpan 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.