Citation Nr: 21062669
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 18-39 870
DATE: October 8, 2021

ORDER

The appeal is dismissed.

 

FINDING OF FACT

The appellant died in February 2020, prior to the issuance of a final Board decision.

CONCLUSION 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; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1955 to June 1983.

The case is on appeal from a September 2017 rating decision.

The Veteran died in September 2016.  The appellant was the Veteran's widow.

1. Death pension with special monthly pension (SMP) based on the need for housebound benefits.

2. SMP based on the need for aid and attendance.

3. Accrued benefits.

Unfortunately, the appellant died during the pendency of the appeal.  In October 2021, prior to a Board decision on the matter, a Social Security Administration database record was associated with the claims file that shows the appellant passed away in February 2020.  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 appellant.  38 C.F.R. § 20.1106.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Morford, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.