Citation Nr: 21004106 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 96-37 816 DATE: January 26, 2021 ORDER Entitlement to service connection for the cause of the Veteran’s death is dismissed. Entitlement to Dependents’ Educational Assistance (DEA) benefits is dismissed. FINDINGS OF FACT 1. The appellant was the Veteran’s surviving spouse. 2. In October 2020, the Board was notified that the appellant died in March 2020. CONCLUSIONS OF LAW 1. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for service connection for the cause of the Veteran’s death at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to DEA benefits at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302 REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The son of the appellant submitted a claim for substitution and the record indicates that such was not granted. Accordingly, the son is not an appellant in this case. 1. Entitlement to service connection for the cause of the Veteran’s death. 2. Entitlement to Dependents’ Educational Assistance (DEA) benefits. 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. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. E. Jones, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.