Citation Nr: 21000980 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 16-30 508 DATE: January 6, 2021 ORDER The appeal for entitlement to an effective date prior to April 6, 2016 for the grant of an evaluation of 60 percent for diabetic nephropathy is dismissed. The appeal for entitlement to a disability rating in excess of 60 percent for diabetic nephropathy is dismissed. The appeal for entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is dismissed. The appeal for entitlement to an effective date prior to September 14, 2011 for the grant of service connection for PTSD is dismissed. The appeal for entitlement to an effective date prior to September 14, 2011 for the grant of service connection for bilateral hearing loss is dismissed. The appeal for entitlement to an effective date prior to September 14, 2011 for the grant of service connection for tinnitus is dismissed. The appeal for entitlement to an increased disability rating for prostate cancer on an extraschedular basis is dismissed. The appeal for entitlement to a higher level of special monthly compensation above the level of housebound criteria is dismissed. The appeal for entitlement to a disability rating in excess of 20 percent for left lower extremity peripheral neuropathy is dismissed. The appeal for entitlement to a disability rating in excess of 20 percent for right lower extremity peripheral neuropathy is dismissed. The appeal for entitlement to a disability rating in excess of 50 percent for bilateral hearing loss is dismissed. The appeal for entitlement to an effective date prior to April 6, 2016 for the grant of entitlement to Dependents’ Educational Assistance is dismissed. The appeal for entitlement to an effective date prior to April 6, 2016 for the grant of a 30 percent evaluation for right upper extremity peripheral neuropathy is dismissed. The appeal for entitlement to an effective date prior to April 6, 2016 for the grant of a 20 percent evaluation for left upper extremity peripheral neuropathy is dismissed. The appeal for entitlement to a disability rating in excess of 20 percent for left upper extremity peripheral neuropathy is dismissed. The appeal for entitlement to a disability rating in excess of 30 percent for right upper extremity peripheral neuropathy is dismissed. The appeal for entitlement to an effective date prior to September 29, 2015 for the grant of special monthly compensation for loss of use of a creative organ is dismissed. The appeal for entitlement to an effective date prior to April 6, 2016 for the grant of a 20 percent evaluation for left lower extremity peripheral neuropathy is dismissed. The appeal for entitlement to an effective date prior to April 6, 2016 for the grant of a 20 percent evaluation for right lower extremity peripheral neuropathy is dismissed. FINDING OF FACT On June 16, 2020, the Board was notified that the Veteran died in June 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 Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, Veterans’ 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. (Continued on the next page)   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). C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brian P. Keeley 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.