Citation Nr: 21000768
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 20-03 522
DATE: January 6, 2021

ORDER

Entitlement to a rating in excess of 50 percent for bilateral pes planus is dismissed.

Entitlement to a rating in excess of 10 percent for callosities of the plantar surface of the right foot is dismissed.

Entitlement to a rating in excess of 10 percent for callosities of the plantar surface of the left foot is dismissed.

Entitlement to a rating in excess of 10 percent for dermatophytosis of the feet is dismissed.

Entitlement to service connection for low back strain is dismissed.

Entitlement to service connection for a nervous disorder (claimed as anxiety) is dismissed.

Entitlement to service connection for a heart condition is dismissed.

Entitlement to service connection for a disability of the 3rd toe of the right foot is dismissed.

Entitlement to service connection for high cholesterol is dismissed.

Entitlement to service connection for sleep conditions is dismissed.

Entitlement to service connection for high blood pressure is dismissed.

Entitlement to an effective date other than August 25, 2000 to November 1, 2000 for special monthly compensation based on housebound is dismissed.

Entitlement to an effective date prior to December 2, 1994 for the establishment of service connection for bilateral pes planus, callosities of the left and right plantar surfaces, and dermatophytosis of the bilateral feet is dismissed.

FINDING OF FACT

In November 2020, the Board was notified that the Veteran died in October 2020. 

CONCLUSION OF LAW

Due to the death of the Veteran, 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

1. Entitlement to a rating in excess of 50 percent for bilateral pes planus.

2. Entitlement to a rating in excess of 10 percent for callosities of the plantar surface of the right foot.

3. Entitlement to a rating in excess of 10 percent for callosities of the plantar surface of the left foot.

4. Entitlement to a rating in excess of 10 percent for dermatophytosis of the feet.

5. Entitlement to service connection for low back strain.

6. Entitlement to service connection for a nervous disorder (claimed as anxiety).

7. Entitlement to service connection for a heart condition. 

8. Entitlement to service connection for a disability of the 3rd toe of the right foot.

9. Entitlement to service connection for high cholesterol.

10. Entitlement to service connection for sleep conditions.

11. Entitlement to service connection for high blood pressure.

12. Entitlement to an effective date other than August 25, 2000 to November 1, 2000 for special monthly compensation based on housebound status.

13. Entitlement to an effective date prior to December 2, 1994 for the establishment of service connection for bilateral pes planus, callosities of the left and right plantar surfaces, and dermatophytosis of the bilateral feet.

The Board was informed in November 2020 of the Veteran’s death in October 2020.  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.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J.A. Williams, 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.