Citation Nr: 21068954 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 09-33 952 DATE: November 17, 2021 ORDER Service connection for a left ankle disability is dismissed. Service connection for a blood disorder, also claimed as white blood cells is dismissed. Service connection for hemorrhoids is dismissed. A higher disability rating in excess of 10 percent for service-connected posttraumatic stress disorder (PTSD) is dismissed. FINDING OF FACT The Veteran died in October 2021, prior to the issuance of a final Board decision. CONCLUSION OF LAW Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal at this time. 38 U.S.C. § 7104; 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1967 to October 1970, and from May 2002 to March 2003, with additional active duty for training (ACDUTRA) with the Army National Guard. The case is on appeal from December 2008, August 2012, and January 2013 rating decisions. In a December 2015 decision, the Board dismissed the issues of entitlement to a compensable rating for service connected pseudofolliculitis barbae (PFB), an earlier effective date prior to September 14, 2009, for the award of service connection for PFB, and an earlier effective date prior to April 10, 2006, for service-connected PTSD pursuant to the Veteran's voluntary request for withdrawal. See July 2015 Board hearing transcript. The Board also remanded the issues of whether new and material evidence had been received to reopen the previously denied claim of service connection for eczema, and the issues of service connection for eczema, chloracne, hemorrhoids, a left ankle disability, hearing loss, tinnitus, a blood disorder, and a higher rating in excess of 10 percent for PTSD. While on remand status, in a May 2021 rating decision, the RO granted the Veteran service connection for hearing loss and tinnitus. As the benefits sought were grated in full, the issues are no longer on appeal. Additionally, in September 2016, the Veteran, through his representative attorney, filed a voluntary request for withdrawal for the issues of service connection for eczema and chloracne. Accordingly, the Veteran was notified by the RO that VA discontinued any further actions with respect to those claims. See September 19, 2016 VA letter. As such, the only issues that remained on appeal are the ones listed above. 1. Service connection for a left ankle disability. 2. Service connection for a blood disorder. 3. Service connection for hemorrhoids. 4. A higher rating in excess of 10 percent for PTSD. Unfortunately, the appellant died during the pendency of this appeal. In October 2021, prior to the Board decision on the matters, a report of First Notice of Death was associated with the claims file in October 2021. This was later confirmed by a death certificate received later in October 2021, confirming the Veteran's death that month. As a matter of law, appellants' claims do not survive their deaths. Therefore, this appeal 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. 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). A case returned to the Board following the grant of a substitution request or pursuant to an appeal of a denial of a substitution request assumes the same place on the docket held by the deceased appellant at the time of his or her death. If the deceased appellant's case was advanced on the docket prior to his or her death, the substitute will receive the benefit of the advanced placement. 38 C.F.R. § 20.800(f). RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board William Pagan, 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.