Citation Nr: 21000811
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 05-06 764
DATE: January 6, 2021

ORDER

The appeal for service connection of an acquired psychiatric disorder, to include depression, is dismissed.

FINDING OF FACT

Prior to issuing a decision on the merits of the Veteran’s claim on appeal, the Board of Veterans’ Appeals (Board) received notice in December 2020 that the Veteran had died in November 2020 during the pendency of the appeal. 

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for service connection of an acquired psychiatric disorder, to include depression, 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 with the United States Army from September 1978 to March 1980.  This matter comes before the Board on appeal from an August 2003 rating decision by the Detroit, Michigan, Regional Office (RO) of the United States Department of Veterans Affairs (VA). 

Unfortunately, the Veteran passed away during the pendency of the appeal; the VA was notified of the Veteran’s death in December 2020.  As a matter of law, appellants’ claims do not survive their deaths.  See Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996).  By virtue of the death of the appellant, this appeal 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.  See 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.  See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  A person eligible for substation 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; see 38 C.F.R. § 3.1010(a).  An eligible party seeking substitution t should file a request for substitution with the VA office from which the claim originated.  See 38 C.F.R. § 3.1010(b).

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. M. Lunger, 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.