Citation Nr: 21003092
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 19-34 135
DATE: January 19, 2021

ORDER

The appeal as to the issue of entitlement to an initial compensable rating for hypertension is dismissed.

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

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

The appeal as to the issue of entitlement to service connection for bilateral hearing loss is dismissed.

The appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder is dismissed.

The appeal as to the issue of entitlement to service connection for an eye disorder is dismissed.

FINDING OF FACT

In December 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 Veteran, 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

Unfortunately, the Veteran (appellant), who served on active duty in the United States Army from June 1976 to August 1979, 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).  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 within one year of the appellant’s death.  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.S. Mahoney

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.