Citation Nr: 21069296 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 18-49 594 DATE: November 18, 2021 ORDER Entitlement to service connection for bilateral pes planus is DISMISSED. Entitlement to service connection for a cervical spine disability is DISMISSED. Entitlement to service connection for an acquired psychiatric disability, to include anxiety, depression, and memory loss, is DISMISSED. Entitlement to service connection for an alcohol use / cocaine abuse disability is DISMISSED. Entitlement to service connection for sleep apnea syndrome (claimed as sleep disturbance) is DISMISSED. Entitlement to service connection for a posttraumatic stress disorder (PTSD) disability is DISMISSED. Entitlement to service connection for a personality disorder disability is DISMISSED. FINDING OF FACT Prior ot the promulgation of a decision by the Board, VA was informed that the Veteran died in October December 2021 due to the injuries sustained in a motor vehicle accident. CONCLUSIONS OF LAW 1. The criteria for dismissal of a claim for service connection for bilateral pes planus have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of a claim for service connection for a cervical spine disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for dismissal of a claim for service connection for an acquired psychiatric disability, to include anxiety, depression, and memory loss, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for dismissal of a claim for service connection for an alcohol use / cocaine abuse disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for dismissal of a claim for service connection for sleep apnea syndrome (claimed as sleep disturbance) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for dismissal of a claim for service connection for a posttraumatic stress disorder (PTSD) disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for dismissal of a claim for service connection for a personality disorder disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served honorably in the United States Army from February 1998 to February 2002. Entitlement to service connection for bilateral pes planus, cervical spine, left knee, acquired psychiatric, alcohol/cocaine use, sleep apnea syndrome, PTSD, and personality disorder disabilities is dismissed. After review of the claims file, the Board observes that the Veteran passed away on October 4, 2021. The Board also observes that the claims file indicates that the Veteran was unmarried at the time of his death. Unfortunately, the Veteran died during the pendency of his appeals. As a matter of law, the Veteran's claims do not survive his death. 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). These appeals on the merits have become moot by virtue of the death of the Veteran, and they must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104 (a) (West 2012); 38 C.F.R. § 20.1302 (2020). In reaching this determination, the Board intimates no opinion as to the merits of these appeals or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106 (2020). The Board's dismissal of these appeals does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claims to completion. Such request must be filed not later than one year after the date of the Veteran's death. See 38 U.S.C. § 5121A (West 2012); 38 C.F.R. § 3.1010 (b) (2020). 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 (West 2012); see 38 C.F.R. § 3.1010 (a) (2020). 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) (2020). DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.