Citation Nr: A21016477
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 200518-85972
DATE: October 7, 2021

ORDER

The appeal regarding entitlement to reimbursement of beneficiary travel expenses to and from a Department of Veterans Affairs (VA) medical facility is dismissed.

FINDING OF FACT

On February 9, 2021, the Board of Veterans' Appeals (Board) was notified that the appellant died in December 2020.

CONCLUSION OF LAW

Due to the death of the appellant, the Board cannot 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 June 1969 to January 1971.

In May 2020, the Board received a VA Form 10182, Decision Review Request: Board Appeal electing the Direct Review docket to review a May 2020 decision by a VA Agency of Original Jurisdiction (AOJ). 

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.  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.  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.  See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  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.  Id.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Odya-Weis

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.