Citation Nr: 21000732 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 17-31 343 DATE: January 6, 2021 ORDER Entitlement to disability rating in excess of 80 percent for bilateral hearing loss is dismissed. FINDING OF FACT Prior to the promulgation of an appellate decision in this appeal, the Board received notice that the Veteran died on October 18, 2020. CONCLUSION OF LAW Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal at this time. 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 August 1976 to March 1977 and from August 2004 to January 2005, with additional service in the Army National Guard. This appeal arises from a December 2014 rating decision, which granted service connection for PTSD with a 50 percent rating, effective May 27, 2011. This appeal arises from a December 2014 rating decision by the VA’s Regional Office (RO) and was previously before the Board of Veterans’ Appeals (Board) in June 2019, at which time the Board denied a rating in excess of 60 percent for bilateral hearing loss. The Veteran appealed the Board’s June 2019 decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2020 Order, the Court granted the parties’ July 2020 Joint Motion for Remand (JMR) to vacate and remand the Board’s decision regarding the 60 percent rating for further development. Prior to the Court’s July 2020 Order, the RO, in a December 2019 rating decision, increased the Veteran’s rating for hearing loss from 60 percent to 80 percent, effective July 30, 2019. The increased rating constitutes a partial grant of the benefits sought on appeal; therefore, the issue remains on appeal and is for consideration by the Board. See AB v. Brown, 6 Vet. App. 35 (1993) (a claim for an original or an increased rating remains in controversy when less than the maximum available benefit is awarded). Unfortunately, the appellant 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 appellant 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. 38 C.F.R. § 3.1010(b). Shereen M. Marcus Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Santiago, 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.