Citation Nr: 21002866
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 15-35 200A
DATE: January 19, 2021

ORDER

Entitlement to a rating in excess of 60 percent for service-connected chronic prostatitis and benign prostatic hyperplasia (BPH) (previously rated as chronic prostatitis with mild benign hypertrophy with erectile dysfunction and polyuria DC 7527) is dismissed.

Propriety of the reduction in the rating for service-connected chronic prostatitis and benign prostatic hyperplasia (BPH) (previously rated as chronic prostatitis with mild benign hypertrophy with erectile dysfunction and polyuria DC 7527) from 60 percent to 20 percent effective July 1, 2020 is dismissed.

FINDING OF FACT

In December 2020, VA received notice of the Veteran’s death on November 27, 2020.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this claim at this time. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302; but see Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, § 212, 122 Stat. 4145, 4151 (2008).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from November 1972 to August 1976.

This matter comes before the Board of Veterans Appeals (Board) on appeal from an April 2012 and an April 2020 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, the Veteran 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); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This appeal on the merits has become moot by 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. The 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 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 should file a request for substitution with the VA office from which the claim originated. 38 C.F.R. § 3.1010 (b).

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Alexander

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.