Citation Nr: 20051024 Decision Date: 07/31/20 Archive Date: 07/31/20 DOCKET NO. 15-21 516 DATE: July 31, 2020 ORDER The issue of entitlement to an initial disability rating in excess of 20 percent for tonic-clonic seizure disorder is dismissed. The issue of entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed. The issue of entitlement to service connection lung cancer is dismissed. The issue of entitlement to service connection for a back condition is dismissed. The issue of entitlement to service connection for tunnel vision is dismissed. The issue of entitlement to non-service-connected pension is dismissed. FINDING OF FACT On April 13, 2020, the Board of Veterans’ Appeals (Board) was notified that the Veteran had passed away on March 28, 2020, prior to the issuance of a final appellate decision. CONCLUSIONS OF LAW 1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to an initial disability rating in excess of 20 percent for tonic-clonic seizure disorder. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to service connection for COPD. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 3. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to service connection for lung cancer. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 4. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to service connection for a back condition. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 5. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to service connection for tunnel vision. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 6. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to non-service-connected pension. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1971 to July 1971 in the United States Marine Corps. These matters are before the Board on appeal from a March 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In April 2019, the Board restored the Veteran’s award of service connection for tonic-clonic seizure disorder and denied service connection for asthma and an earlier effective date for the grant of service connection for tonic-clonic seizure disorder. Additionally, the Board remanded the issues of (1) entitlement to service connection for COPD, lung cancer, a back condition, and tunnel vision; (2) entitlement to an initial disability rating greater than 20 percent for tonic-clonic seizure disorder; and (3) entitlement to non-service-connected pension for further development. The case has now returned to the Board. Dismissal 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). 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 a 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). (Signature on Next Page) S.C. KREMBS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N.S. Pettine, Associate 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.