Citation Nr: 21072262
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 17-64 071
DATE: December 2, 2021

ORDER

The appeal of the claim of entitlement to an increased rating in excess of 60 percent for prostate cancer is dismissed.

FINDING OF FACT

The Board was notified that the Veteran died on October [REDACTED], 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 June 1967 to February 1971.

Unfortunately, the Veteran died during the pendency of this appeal.  As a matter of law, appellants' claims do not survive their deaths.  Therefore, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

The Veteran's surviving spouse has submitted an application for substitution in October 2021, but the agency of original jurisdiction (AOJ) has not yet addressed that request.

Accordingly, the appeal must be dismissed as a matter of law. 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	David Nelson

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.