Citation Nr: 21069129
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 20-03 935
DATE: November 17, 2021

ORDER

The Veteran's appeal of the issue of entitlement to service connection for a skin disability is dismissed.

The Veteran's appeal of the issue of entitlement to service connection for hypertension is dismissed.

FINDING OF FACT

In September 2021, the Board was notified that the Veteran died in September 2021.

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 in the U.S. Marine Corps from July 1967 to December 1971, including service in the Republic of Vietnam.  He was the recipient of the Purple Heart and the Combat Action Ribbon, among other decorations.  He died in September 2021.

This matter comes before the Board of Veterans' Appeals (Board) from a December 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, denied service connection for a skin disability and hypertension.  The appellant filed a timely Notice of Disagreement (NOD), received in December 2018.  A Statement of the Case (SOC) was issued in January 2020.  A timely substantive appeal was received in January 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 Veteran 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 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, in this case the Regional Office.  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.