Citation Nr: 21061778
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 14-39 255
DATE: October 5, 2021

ORDER

The appeal involving the issue of entitlement to a rating in excess of 10 percent for lumbosacral strain is dismissed.

The appeal involving the issue of entitlement to service connection for a heart disability is dismissed.

The appeal involving the issue of entitlement to service connection for a prostate condition is dismissed.

The appeal involving the issue of entitlement to service connection for loss of appetite is dismissed.

The appeal involving the issue of entitlement to service connection for sleep issues is dismissed.

The appeal involving the issue of entitlement to service connection for sleep apnea is dismissed.

The appeal involving the issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for hypertension is dismissed.

The appeal involving the issue of entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is dismissed. 

FINDINGS OF FACT

1. In April 2021 correspondence, the Veteran's attorney withdrew the issues of entitlement to service connection for a respiratory disorder, a heart disability, prostate condition, loss of appetite, sleep issues, sleep apnea, and whether new and material evidence had been submitted to reopen service connection for hypertension, and entitlement to a rating in excess of 10 percent for lumbosacral strain.

2.  The Department of Veterans Affairs (VA) has been notified that the Veteran died in September 2021. 

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of an appeal by the Veteran regarding his claims of entitlement to service connection for a respiratory disorder, a heart disability, prostate condition, loss of appetite, sleep issues, sleep apnea, whether new and material evidence had been submitted to reopen service connection for hypertension, and entitlement to a rating in excess of 10 percent for lumbosacral strain are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal of entitlement to service connection for an acquired psychiatric disorder, to include PTSD, at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

In April 2021, the Veteran's attorney submitted a signed statement advising he wished to withdraw his appeals as to entitlement to service connection for a respiratory disorder, a heart disability, prostate condition, loss of appetite, sleep issues, sleep apnea, and whether new and material evidence had been submitted to reopen service connection for hypertension, and entitlement to a rating in excess of 10 percent for lumbosacral strain. Hence, there remains no allegation of error of fact or law for appellate consideration on those issues, and they are dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

Additionally, and unfortunately, the Veteran, who served on active duty in the United States Army from August 1974 to February 1982, died in September 2021, 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). Thus, the remaining issue on appeal, entitlement to service connection for an acquired psychiatric disorder, has become moot by virtue of the death of the Veteran 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 the appeal regarding entitlement to service connection for an acquired psychiatric disorder 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 Veteran's death.  38 U.S.C.       § 5121A; 38 C.F.R. § 3.1010(b).  

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Forde, 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.