Citation Nr: 20052902
Decision Date: 08/10/20	Archive Date: 08/10/20

DOCKET NO. 18-32 020
DATE: August 10, 2020

ORDER

Entitlement to service connection for multiple myeloma, to include as due to herbicide exposure, is dismissed.

FINDING OF FACT

In July 2020, the Board received telephone contact notification, (documented in a VA Form 27-0820a, Report of First Notice of Death), that the Veteran died on July [REDACTED], 2020, which was confirmed by Social Security Administration Data received that same month.  

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to service connection for multiple myeloma, to include as due to exposure to herbicides, at this time.  38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.   

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant served on active duty from May 1968 to May 1972.   

This matter came before the Board of Veterans’ Appeals (Board) on appeal of an April 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

Unfortunately, the Veteran died during the pendency of the appeal.  In this regard, in July 2020, the Board received telephone contact notification, (documented in a VA Form 27-0820a, Report of First Notice of Death), that the Veteran died on July [REDACTED], 2020.  Such telephone contact notification of the Veteran’s death was confirmed by Social Security Administration Data received later that same month.  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).  Thus, 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 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) 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 (listed on the first page of this decision).  38 C.F.R. § 3.1010 (b).

 

 

U. R. POWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. E. Leary, Associate Attorney

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.