Citation Nr: 21069226
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 19-29 714
DATE: November 18, 2021

ORDER

Entitlement to service connection for bladder cancer is dismissed.

FINDING OF FACT

On October 18, 2021, VA received notice the Veteran died in October 2021.

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(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

Unfortunately, the Veteran died during the pendency of the 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. 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.

In October 2021, the Veteran's spouse filed an Application for Dependency and Indemnity Compensation (DIC), Survivors Pension, and/or Accrued Benefits (VA Form 21P-534EZ) and a Request for Substitution of Claimant upon Death of Claimant (VA Form 21P-0847) with her local Regional Office. 38 C.F.R.  § 3.1010(e). However, although the Agency of Original Jurisdiction (AOJ) adjudicated her claims for service-connected cause of death and eligibility to Dependent's Educational Assistance, the AOJ has not made a specific determination regarding her request for substitution in regard to the appeal herein. If the Veteran's spouse's request for substitution is granted by the AOJ, the appeal shall resume its original place on the Board's docket. 38 C.F.R. § 20.1302(a). If the Veteran's spouse's request for substitution is denied by the AOJ, she may appeal that decision to the Board, and if perfected, the appeal shall assume the same place on the docket as the Veteran's original claims. 38 C.F.R. §§ 3.1010(e)(2); 20.1302(a).

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Zachery S.C. Luce, 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.