Citation Nr: 21063585
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 15-11 241
DATE: October 14, 2021

ORDER

The appeal seeking entitlement to service connection for an acquired psychiatric disorder is dismissed.

The appeal seeking to reopen a service connection claim for chloracne on the basis of new and material evidence is dismissed.

The appeal seeking to reopen a service connection claim for bilateral upper and lower extremity neuropathy on the basis of new and material evidence is dismissed.

The appeal seeking entitlement to a total disability rating based on individual employability (TDIU) due to service-connected disabilities is dismissed.

FINDING OF FACT

In September 2021, the Board was notified that the Veteran had died earlier that same month.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of these appeals at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from November 1962 to May 1963 and September 1963 to August 1970, including foreign service in the Republic of Vietnam.  For his meritorious service, the Veteran was awarded (among other decorations) the Vietnam Service Medal, Vietnam Campaign Medal, and two Overseas Service Bars.

All but the TDIU appeal were previously remanded by the Board in June 2018 for additional development, which has since been completed.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Regrettably, VA was informed in September 2021 that the Veteran had died earlier that month.  VA subsequently verified the Veteran's death.

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).  These appeals on their merits have 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 these appeals 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 appellant's death.  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  A person eligible for substitution includes "a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title ...."  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a).  An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated.  38 C.F.R. § 3.1010(b).

Accordingly, the appeals as set forth on the title page are hereby dismissed.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Kovarovic, 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.