Citation Nr: 21003271
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 14-28 756A
DATE: January 21, 2021

ORDER

Entitlement to service connection for asthma is dismissed.

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed.

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for diabetes mellitus is dismissed.

Entitlement to nonservice-connected pension is dismissed.

FINDINGS OF FACT

On January 5, 2021, the Department of Veterans Affairs (VA) was notified that the Appellant died in June 2020.  

CONCLUSIONS 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 FINDINGS AND CONCLUSIONS

The Veteran served on active duty from July 1970 to September 1970.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2012 decision. The Veteran died in April 2015.  In September 2015, the Appellant was considered the surviving spouse of the Veteran.  See Administrative Decision dated April 2015.  The Appellant was then substituted as the claimant in June 2017.

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.  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 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.  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; see 38 C.F.R. § 3.1010(a). 

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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).

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. L. Wallin, 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.