Citation Nr: 21003393 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 16-50 512 DATE: January 21, 2021 ORDER The appeal to reopen the claim for service connection for rheumatoid arthritis is dismissed. The appeal to reopen the claim for service connection for lupus erythematous is dismissed. The appeal to reopen the claim for service connection for Sjogren's/xerostomia is dismissed. FINDING OF FACT Prior to the promulgation of a decision in this appeal, VA was notified that the Veteran had died in December 2020. CONCLUSIONS OF LAW 1. The criteria for dismissal of the appeal to reopen the claim for service connection for rheumatoid arthritis have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. The criteria for dismissal of the appeal to reopen the claim for service connection for lupus erythematous have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 3. The criteria for dismissal of the appeal to reopen the claim for service connection for Sjogren's/xerostomia have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Navy from May 1990 to June 1991. This appeal comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2014 rating decision. As a matter of law, claims do not survive the death of the claimant. 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). As such, this appeal has become moot by virtue of the death of the claimant. Thus, the appeal is 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. Specifically, 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 claims to completion. Such request must be filed not later than one ear after the date of the Veteran’s death. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010. 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 RO from which the claim originated. 38 C.F.R. § 3.1010(b). Accordingly, the appeal is dismissed. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Henriquez, 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.