Citation Nr: 21067307
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 10-41 748
DATE: November 3, 2021

ORDER

The appeal as to the issue of entitlement to service connection for fibromyalgia is dismissed.

The appeal as to the issue of entitlement to service connection for a left shoulder disability is dismissed.

The appeal as to the issue of entitlement to service connection for a left elbow disability is dismissed.

The appeal as to the issue of entitlement to service connection for a low back disability is dismissed.

The appeal as to the issue of entitlement to service connection for a right leg disability is dismissed.

The appeal as to the issue of entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

The appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder other than PTSD is dismissed.

FINDING OF FACT

In December 2019, the Board was notified that the Veteran died in November 2019.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this 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 for training in the Army Reserves from March 1975 to March 1981.

This matter comes before the Board of Veterans' Appeals (Board) from an October 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Board most recently remanded the matter in September 2018.  A Supplemental Statement of the Case (SSOC) was issued in August 2020.

Unfortunately, as set forth above, the Veteran died during the pendency of this 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 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.  38 C.F.R. § 20.1106. 

The Board's dismissal of this appeal does not affect the right of an eligible person 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).  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; see 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).

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Behlen, 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.