Citation Nr: 21072261
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 17-67 096
DATE: December 2, 2021

ORDER

The appeal involving the issue of entitlement to an initial compensable rating for bilateral hearing loss prior to November 28, 2017, and in excess of 10 percent thereafter, is dismissed. 

The appeal involving the issue of entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is dismissed.

The appeal involving the issue of entitlement to service connection for a bilateral foot skin disorder, to include tinea pedis, is dismissed.

FINDING OF FACT

The Department of Veterans Affairs (VA) has been notified that the Veteran died in September 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board of Veterans' Appeals (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, Veterans' 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 Veteran 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). 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.