Citation Nr: 21066733 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 18-25 987 DATE: November 2, 2021 ORDER The appeal for entitlement to an initial compensable rating for a right wrist scar is dismissed. FINDING OF FACT In September 2021 the Board was notified that the appellant died in August 2020. CONCLUSION OF LAW Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for an initial compensable disability rating for the service-connected right wrist scar 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 1950 to July 1953 and from May 1954 to May 1972. This case is before the Board of Veterans' Appeals (Board) on appeal from a November 2016 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. In that rating decision, the RO granted service connection for a right wrist scar, and assigned a noncompensable disability rating effective April 20, 2016. The Veteran timely appealed for a higher initial disability rating for the service-connected right wrist scar. In February 2019, the Board remanded this claim to the Agency of Original Jurisdiction for additional development of the record. In a September 2019 decision, the Board denied a compensable rating for the service-connected right wrist scar. The Veteran appealed that determination to the United States Court of Appeals for Veterans Claims (CAVC or Court). In a December 2020 memorandum decision, the Court set aside the Board's September 2019 decision and remanded the case to the Board. The CAVC learned of the Veteran's death in March 2021 and subsequently revoked judgment and withdrew the December 2020 memorandum decision; and, vacated the Board's September 2019 decision so that the matter could be returned to the Board for dismissal of the appeal due to death of the Veteran. Unfortunately, the appellant died during the pendency of this appeal. VA was notified of the Veteran's August 2020 death in September 2021 by way of verification from the Social Security Administration (SSA). In the absence of evidence to the contrary, a finding of fact of death made by another Federal agency will be accepted as proof of death. 38 C.F.R. § 3.211(g). 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 Veteran 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). L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Ardalan, 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.