Citation Nr: 21065844
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 17-16 839
DATE: October 27, 2021

ORDER

Entitlement to service connection for PTSD is dismissed.

FINDING OF FACT

In September 2021, the Board was notified that the Veteran died during the pendency of the appeal.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the above claim. 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 June 1967 to January 1970. 

Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, appellants' claims do not survive their deaths. See, e.g., Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996). Thus, this appeal has become moot by virtue of the Veteran's death 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 to any 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. Here, the Veteran's surviving spouse filed a request for substitution in September 2021 which has not been adjudicated by the Agency of Original Jurisdiction. The Board cannot adjudicate requests for substitution in the first instance. See 38 C.F.R. § 3.1010(e). Accordingly, the present appeal is dismissed for lack of jurisdiction. See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.  

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.