Citation Nr: 21072457
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 19-32 207
DATE: December 3, 2021

ORDER

Entitlement to a rating in excess of 60 percent rating for service-connected coronary artery disease from March 1, 2018 is dismissed.

Entitlement to a compensable rating for the Veteran's service-connected scar is dismissed.

Entitlement to special monthly compensation (SMC) prior to February 2, 2018 is dismissed.

Entitlement to an earlier effective date prior to May 6, 2016 for the grant of service connection for anxiety and depression.

Entitlement to an earlier effective date prior March 1, 2018 for the grant of a 60 percent rating for service-connected coronary artery disease is dismissed.

Entitlement to an earlier effective date prior to February 2, 2018 for the grant of service connection for scars is dismissed.

Entitlement to a total disability rating for individual unemployability (TDIU) due to service-connected disabilities is granted.

FINDING OF FACT

In November 2021, VA received notification that the Veteran died in November 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 FINDINGS AND CONCLUSIONS

Prior to discussing the appeal at hand, the Board of Veterans' Appeals (Board) would be remiss if it did not recognize the Veteran's outstanding service.  The Veteran, who served on active duty form July 1966 to July 1968, received the Vietnam Service Medal with a Fleet Marine Force combat operations insignia, and the National Defense Service Medal, was clearly a credit to the United States Navy and to his family, and his service to his country is greatly appreciated.  

Dismissal

Unfortunately, the Veteran died during the pendency of the appeal.  VA was notified of such in November 2021. See November 2021 Death Certificate.

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 death of the appellant 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 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.  See 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; see 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).

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Lilly, 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.