Citation Nr: 21064560
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 19-06 320
DATE: October 20, 2021

ORDER

Entitlement to nonservice connected pension is dismissed.

FINDING OF FACT

The Veteran died in July 2021. 

CONCLUSION OF LAW

The criteria for dismissal of entitlement to nonservice connected pension have been met.  38 U.S.C. § 7105; § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

Entitlement to nonservice connected pension

This appeal arises from a September 2017 decision by a Department of Veterans Affairs (VA) Regional Office (RO) decision denying entitlement to nonservice connected benefits. 

In September 2021 VA received notice that the Veteran died in July 2021. 

As a matter of law, appellants' claims do not survive their deaths. Zevalkink v. Brown, 102 F. 3d 1236, 1243-44 (Fed. Cir. 1996). The Appellant died during the pendency of the appeal. Therefore, her appeal is moot by virtue of his death, and the Board must dismiss it for lack of jurisdiction. 38 U.S.C. § 7105; § 19.55.

The Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Appellant. Moreover, 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. See 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).

In light of the foregoing, the instant appeal concerning entitlement to nonservice connected pension is hereby dismissed. 38 U.S.C. § 7105; § 19.55. 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sametshaw, Eric C.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.