Citation Nr: 21063045
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 16-52 249
DATE: October 12, 2021

ORDER

The appeal as to the issue of entitlement to a rating in excess of 30 percent for coronary artery disease status post coronary artery bypass grafting is dismissed. 

The appeal as to the issue of entitlement to a rating in excess of 20 percent for diabetes mellitus type II is dismissed. 

The appeal as to the issue of entitlement to service connection for a vision disorder is dismissed.

The appeal as to the issue of entitlement to service connection for stroke/aneurysm is dismissed. 

The appeal as to the issue of entitlement to service connection for kidney disease is dismissed. 

FINDING OF FACT

In October 2021, the Department of Veterans Affairs (VA) was notified that the Veteran died earlier that month.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board of Veterans' Appeals (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

Unfortunately, the Veteran (appellant), who served on active duty in the United States Army from March 1970 to January 1972, died during the pendency of the appeal.  As a matter of law, appellants' claims do not survive their deaths.  Therefore, this appeal 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 within one year of the appellant'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	S.S. Mahoney

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.