Citation Nr: 21068576
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 17-56 660
DATE: November 10, 2021

ORDER

Entitlement to service connection for degenerative disc disease (also claimed as central spinal stenosis) to include as due to exposure to herbicide agents is dismissed.

Entitlement to service connection for peripheral neuropathy of the right leg to include as due to exposure to herbicide agents is dismissed.

Entitlement to service connection for peripheral neuropathy of the left arm to include as due to exposure to herbicide agents is dismissed.

Entitlement to service connection for peripheral neuropathy of the right arm to include as due to exposure to herbicide agents is dismissed.

FINDING OF FACT

Prior to the promulgation of an appellate decision in this appeal, the Board of Veterans' Appeals (Board) received notice that the Veteran died in October 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of any of the issues on appeal at this time, including the issues of service connection for degenerative disc disease, service connection for peripheral neuropathy of the right leg, service connection for peripheral neuropathy of the left arm, and service connection for peripheral neuropathy of the right arm. 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 December 1967 through December 1969. The Veteran died in October 2021, during the pendency of his appeal.

This case comes before the Board on appeal from a December 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

1. Entitlement to service connection for degenerative disc disease (also claimed as central spinal stenosis) to include as due to exposure to herbicide agents.

2. Entitlement to service connection for peripheral neuropathy of the right leg to include as due to exposure to herbicide agents.

3. Entitlement to service connection for peripheral neuropathy of the left arm to include as due to exposure to herbicide agents.

4. Entitlement to service connection for peripheral neuropathy of the right arm to include as due to exposure to herbicide agents.

Unfortunately, the Veteran died during the pendency of the appeal. The Veteran's death was verified by records from the Social Security Administration. See Report of Death Received in November 2021. Those records list his date of death as October 9, 2021. 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. 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. To date, a request for substitution following the death of the Veteran in October 2021 has not been made. Such request must be filed not later than one year after the date of the claimant'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).

Based on the foregoing, the Board does not have jurisdiction to review the appeal of these matters and they are dismissed.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Dorsey-Kwansa, 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.