Citation Nr: 21003078
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 19-20 684
DATE: January 19, 2021

ORDER

The appeal seeking service connection for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

VA has received notice that the appellant died in December 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); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1979 to August 1982. 

This matter comes before the Board of Veterans’ Appeals (Board) from a March 2016 Department of Veterans Affairs (VA) Regional Office (RO) rating decision that reopened and continued the denial of the Veteran’s previous claim for service connection for PTSD. In March 2017, the Veteran filed a notice of disagreement (NOD). As a result, he was provided a Statement of the Case (SOC) in June 2019, that addressed the issue of service connection for PTSD. The Veteran perfected an appeal of that issue by filing a timely VA Form 9, substantive appeal, received in July 2019, and requested a Travel Board hearing.

In conjunction with the July 2019 VA Form 9, substantive appeal, the Veteran submitted statements related to his claimed PTSD. As a result, he was provided a Supplemental Statement of the Case (SSOC) in August 2019. He did not provide an optional response to the SSOC and in September 2019, his appeal was certified to the Board pending a Travel Board hearing; however, the Veteran passed away before said hearing could be scheduled.

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.

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).

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Richardson, 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.