Citation Nr: 21064355
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 18-53 768
DATE: October 19, 2021

ORDER

The appeal of the claim for entitlement to service connection for a back condition is dismissed.

The appeal of the claim for entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed.

The appeal of the claim for entitlement to service connection for diabetes mellitus type 2 is dismissed.

The appeal of the claim for entitlement to service connection for a left ear condition is dismissed.

The appeal of the claim for entitlement to service connection for a left knee condition is dismissed.

The appeal of the claim for entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In a Social Security Administration (SSA) Inquiry Result dated October 2021, VA received notice that the Veteran died on June [REDACTED], 2021.

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(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty training in the United States Army National Guard from October 1975 to March 1976; and active service in the United States Army from October 1977 to May 1978. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from the January 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In a Social Security Administration (SSA) Inquiry Result dated October 2021, VA received notice that the Veteran died on June [REDACTED], 2021.

Unfortunately, the appellant 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 appellant 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 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. 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).  

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Camille NeSmith, 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.