Citation Nr: 21004816
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 19-00 547A
DATE: January 28, 2021

ORDER

Entitlement to service connection for right knee osteoarthritis is dismissed.

Entitlement to service connection for left knee osteoarthritis is dismissed.

FINDING OF FACT

On January 8, 2021, the Board received notification of the Veteran’s death on January 1, 2021. 

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 served on active duty from July 1972 to April 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran has another appeal before the Board. Because that appeal involves issues dependent on different law and facts (waiver of overpayment), it is the subject of a separate decision.

Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, veterans’ 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. 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. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). A request for substitution must be filed with the agency of original jurisdiction (AOJ) not later than one year after the date of the appellant’s death. 38 C.F.R. §§ 3.1010(b), 20.1302(a). If the AOJ grants the request to substitute, the case will assume its original place on the Board’s docket. 38 C.F.R. §§ 20.1302(a), 20.900(a)(2).

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	David Han

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.