Citation Nr: 21066246
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 19-15 483
DATE: October 29, 2021

ORDER

Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a lumbar spine disability is dismissed.

FINDING OF FACT

On September 1, 2021, the Department of Veterans Affairs (VA) first received notification that the Veteran passed away on August 22, 2021.

CONCLUSION OF LAW

Due to the Veteran's death, the VA Board of Veterans' Appeals (Board) has no jurisdiction to adjudicate the merits of the 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 served on active duty from July 1988 to April 1992.

Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a lumbar spine disability.

Unfortunately, the Veteran 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).  The issue on 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 the appeal or to any derivative claim brought by a survivor of the Veteran.  38 C.F.R. § 20.1106.

The Board's dismissal of the 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 Veteran's death.  See 38 U.S.C. § 5121A ; 38 C.F.R. § 3.1010 (b).

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.