Citation Nr: 21069494
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 18-34 920
DATE: November 18, 2021

ORDER

The appeal as to entitlement to service connection for hypertension is dismissed.

The appeal as to entitlement to service connection for coronary artery disease (CAD) is dismissed.

The appeal as to entitlement to service connection for acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) and depression is dismissed.

The appeal as to entitlement to service connection for diabetes is dismissed.

The appeal as to entitlement to peripheral neuropathy of the left arm is dismissed.

The appeal as to entitlement to peripheral neuropathy of the right arm is dismissed.

The appeal as to entitlement to peripheral neuropathy of the left leg is dismissed.

The appeal as to entitlement to peripheral neuropathy of the right leg is dismissed.

The appeal as to entitlement to service connection for a right shoulder disability is dismissed.

The appeal as to entitlement to service connection for a left shoulder disability is dismissed.

The appeal as to entitlement to service connection for a low back disability is dismissed.

The appeal as to entitlement to service connection for a cervical spine disability is dismissed.

The appeal as to entitlement to service connection for head trauma is dismissed.

The appeal as to entitlement to service connection for chronic headaches is dismissed.

FINDING OF FACT

The Board was notified 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 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 from July 1973 to July 1976.

These matters come before the Board of Veterans' Appeals (Board) on appeal from March 2009, May 2013 and May 2017 rating decisions issued by RO.

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 Veteran's death 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. Such request must be filed not later than one year after the date of the appellant'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).

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Jackson

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.