Citation Nr: 21001295
Decision Date: 01/07/21	Archive Date: 01/07/21

DOCKET NO. 18-51 139
DATE: January 7, 2021

ORDER

The appeal of entitlement to service connection for hypertension is dismissed. 

The appeal of entitlement to an initial compensable evaluation for scar on nose, status post chip nasal fracture (also claimed as broken nose), is dismissed. 

FINDING OF FACT

On November 10, 2020, the Board was notified that the appellant died in November 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) (2018); 38 C.F.R. § 20.1302 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Army National Guard from August 1961 to January 1962.  He served for additional periods of service with the California National Guard and the United States Army Reserve.  

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a May 2018 rating decision by a Regional Office (RO) of the United States Department of Veterans Affairs (VA).  The Veteran testified at a March 2020 hearing before the undersigned Acting Veterans Law Judge (AVLJ) via videoconference. 

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.

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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).

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. 

 

TRACIE N. WESNER

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.P. Faris

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.