Citation Nr: 21063537
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 20-16 696
DATE: October 14, 2021

ORDER

The appeal for service connection for hyperthermia and residuals is dismissed. 

The appeal for service connection for anhidrosis is dismissed.

The appeal for service connection for a heart disorder is dismissed.

The appeal for service connection for a skin disorder is dismissed.

FINDING OF FACT

The Board was notified of the Veteran's death in September 2021.

CONCLUSIONS OF LAW

1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the appeal for service connection for hyperthermia and residuals. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 

2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the appeal for service connection for anhidrosis. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

3. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the appeal for service connection for a heart disorder. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

4. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the appeal for service connection for a skin disorder. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active military service from January 1954 to November 1957.

Unfortunately, the Veteran died in September 2021, during the pendency of the appeal. 

As a matter of law, appellants' claims do not survive their deaths. This appeal on the merits has become moot by virtue of the death of the Veteran 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 other derivative claim brought by a survivor of the Veteran. See 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. 

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Here, the Veteran's surviving spouse submitted a Request for Substitution of Claimant Upon Death of Claimant in September 2021, which remains pending. This substitution request will be addressed by the Agency of Original Jurisdiction in a separate determination. See 38 C.F.R. § 3.1010(e).

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Lavan

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.