Citation Nr: 21001973
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 19-38 319
DATE: January 12, 2021

ORDER

The appeal as to the issue of entitlement to service connection for right foot pain is dismissed.

The appeal as to the issue of entitlement to service connection for left foot pain is dismissed.

The appeal as to the issue of entitlement to service connection for heart palpitations is dismissed.

The appeal as to the issue of entitlement to service connection for primary anemia is dismissed.

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

FINDING OF FACT

On December 21, 2020, the Department of Veterans Affairs (VA) was notified that the Veteran died earlier that month.

CONCLUSION OF LAW

Due to the death of the appellant, the Board of Veterans’ Appeals (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

The Veteran served on active duty in the United States Air Force from March 1961 to July 1964 and in the United States Army from December 1964 to November 1968. This matter comes before the Board on appeal from a January 2016 rating decision of a VA Regional Office (RO).

Unfortunately, the Veteran, who is the appellant in this case, 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.  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.

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.A. § 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 (listed on the first page of this decision). 38 C.F.R. § 3.1010 (b).

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. J. Rogers, Associate 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.