Citation Nr: 21069749
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 20-14 882
DATE: November 19, 2021

ORDER

The appeal as to the issue of whether there was a clear and unmistakable error (CUE) in a June 15, 1992 Department of Veterans Affairs (VA) Administrative Decision that determined the claimant was ineligible for VA compensation benefits is dismissed.

FINDING OF FACT

VA has been notified that the Veteran (appellant) died in September 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 (appellant), who served on active duty in the United States Marine Corps from March 1988 to June 1991, 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). 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 within one year of the appellant's death. 38 U.S.C. § 5121A; 38 C.F.R. §§ 3.1010(b), 20.1302(a).

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. J. Rogers, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.