Citation Nr: A20007331 Decision Date: 04/30/20 Archive Date: 04/30/20 DOCKET NO. 190830-40955 DATE: April 30, 2020 ORDER The issue of entitlement to an initial rating in excess of 60 percent disabling for chronic obstructive pulmonary disease (COPD) is dismissed. The issue of entitlement to an initial rating in excess of 10 percent disabling for a low back disability is dismissed. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed. FINDINGS OF FACT In March 2020, while the Veteran’s appeal to the Board was pending, and prior to the issuance of a final decision, the Veteran passed away. CONCLUSIONS OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of these appeals 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 September 1959 to May 1969. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with the Department of Veterans Affairs (VA)’s decision on their claim to seek review. The Veteran chose to participate in VA’s test program RAMP, the Rapid Appeals Modernization Program. This decision has been written consistent with the new AMA framework. The Veteran filed the claim currently on appeal in February 2017. In an April 2019 rating decision, the Agency of Original Jurisdiction (AOJ) granted the issues of service connection for COPD, assigning a 60 percent rating effective October 19, 2010, and service connection to a low back disability, assigning a 10 percent disabling effective April 17, 2007. In response to the April 2019 decision, the Veteran timely filed the appeal to the Board in a VA Form 10182 Notice of Disagreement in August 2019, and requested a hearing with a Veterans Law Judge. In January 2020, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. 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. 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 this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. In this regard, the record reflects that the Veteran’s surviving spouse filed a request for substitution in April 2020. To date the RO has not adjudicated this request, or if approved, issued a supplemental statement of the case to her providing the reasons and bases for any continued denial of the claims that were pending at the time of the Veteran’s death. The surviving spouse should be assured this decision is purely administrative in nature regarding the Veteran’s claims. Unfortunately, the Board is unable to address the merits of this case until a decision is issued regarding whether she is an eligible substitute. Regretfully, the Board cannot make that determination in the first instance. Hence, the Board offers no opinion on the merits of any claim presented by any proposed substitute. These matters are, however, referred to the RO for prompt and appropriate consideration. S.C. Krembs Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Bilstein, 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.