Citation Nr: 21001375 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 20-19 679 DATE: January 7, 2021 ORDER The appeal stemming from the Veteran’s disagreement with the denial of service connection for a back disability, a neck disability, bilateral knee disabilities, and tinnitus is dismissed. FINDINGS OF FACT During the pendency of the appeal, VA was notified that the Veteran died in November 2020. CONCLUSIONS OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claims on appeal at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Service Connection 1. Entitlement to service connection for a neck disability 2. Entitlement to service connection for tinnitus 3. Entitlement to service connection for a left knee disability 4. Entitlement to service connection for a right knee disability 5. Entitlement to service connection for a back disability In April 2020, the Veteran perfected an appeal that included the issues of entitlement to service connection for a back disability, neck disability, bilateral knee disabilities, and tinnitus. Unfortunately, the Veteran passed away during the pendency of the appeal. Specifically, VA received notice indicating that the Veteran had passed away in November 2020. 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). Accordingly, the 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. 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. Indeed, the Board’s dismissal of the 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 claims 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 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; see 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). M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Turnipseed, 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.