Citation Nr: 21003175
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 17-34 471
DATE: January 19, 2021

ORDER

Entitlement to a compensable disability rating for service-connected residuals of bladder cancer is dismissed.

FINDING OF FACT

On January 7, 2021, the Board received notification that the Veteran died on December [REDACTED], 2020. 

CONCLUSION OF LAW

Due to the death of the Veteran, 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 had active service from February 1954 to February 1957.

This case comes before the Board of Veterans’ Appeals (the Board) on appeal from a May 2017 rating decision from the Department of Veteran Affairs (VA) Regional Office (RO).

1. Entitlement to a compensable disability rating for service-connected residuals of bladder cancer is dismissed.

The Veteran died during the pendency of the appeal. As a matter of law, appellants’ claims do not survive their deaths. See Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996). By virtue of the death of the appellant, this appeal 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 any derivative claim brought by a survivor of the Veteran. 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 a 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). 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.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Hughes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.