Citation Nr: 21071701
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 19-21 628
DATE: December 1, 2021

ORDER

Entitlement to service connection for peripheral neuropathy, right lower extremity, is dismissed.

Entitlement to service connection for peripheral neuropathy, left lower extremity, is dismissed.

FINDING OF FACT

On November 24, 2021, the Department of Veterans Affairs (VA) first received notification that the Veteran passed away on October 25, 2021.

CONCLUSION OF LAW

Due to the Veteran's death, the Board has no jurisdiction to adjudicate the merits of the appeal, as to the issues of entitlement to service connection for peripheral neuropathy, right lower extremity, and peripheral neuropathy, left lower extremity,  at this time.  38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from December 1969 to July 1971.

Service Connection

Entitlement to service connection for peripheral neuropathy, right lower extremity, and peripheral neuropathy, left upper extremity.

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).  The issues on appeal, entitlement to service connection for peripheral neuropathy, right lower extremity, and peripheral neuropathy, left lower extremity, have become moot by virtue of the Veteran's death 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 the appeal or to any derivative claim brought by a survivor of the Veteran.  38 C.F.R. § 20.1106.

The Board's dismissal of the 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.  

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Such request must be filed not later than one year after the date of the Veteran's death.  See 38 U.S.C. § 5121A ; 38 C.F.R. § 3.1010 (b).

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.