Citation Nr: 21063885
Decision Date: 10/18/21	Archive Date: 10/18/21

DOCKET NO. 18-08 187
DATE: October 18, 2021

ORDER

Entitlement to payment for services rendered on May 23, 2016 through May 31, 2016 in a private facility is dismissed.

FINDING OF FACT

The Board of Veterans' Appeals (Board) was notified that both the Veteran and the appellant died in June 2018.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1962 to December 1968.

Unfortunately, the Veteran and his wife died during the pendency of the appeal.  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 Veteran and his wife, 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 claimant.  38 C.F.R. § 20.1106.

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.