Citation Nr: 21073271
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 18-53 799
DATE: December 8, 2021

ORDER

Entitlement to service connection for left ear hearing loss is dismissed.

Entitlement to service connection for bilateral Pes Planus is dismissed.

Entitlement to service connection for a left shoulder disability is dismissed.

Entitlement to service connection for a right shoulder disability is dismissed.

Entitlement to service connection for testicular pain is dismissed.

Entitlement to a rating greater than 50 percent prior to April 6, 2017 for posttraumatic stress disorder (PTSD), and greater than 70 percent thereafter is dismissed.

Entitlement to a compensable rating prior to August 5, 2019 for migraine headaches, and greater than 30 percent thereafter is dismissed.

Entitlement to a compensable rating for right ear hearing loss is dismissed.

Entitlement to a compensable rating for chronic sinusitis is dismissed.

Entitlement to a compensable rating prior to April 6, 2017 for a neck disability and greater than 20 percent thereafter is dismissed.

Entitlement to a compensable rating greater prior to April 6, 2017 for a right hip disability, and greater than 10 percent thereafter is dismissed.

Entitlement to a compensable rating greater prior to April 6, 2017 for a left hip disability, and greater than 10 percent thereafter is dismissed.

Entitlement to a compensable rating greater prior to April 6, 2017 for a right knee disability, and greater than 10 percent thereafter is dismissed.

Entitlement to a compensable rating greater prior to April 6, 2017 for a left knee disability, and greater than 10 percent thereafter is dismissed.

Entitlement to a rating greater than 20 percent for right upper extremity radiculopathy is dismissed.

Entitlement to a rating greater than 20 percent for left upper extremity radiculopathy is dismissed.

FINDING OF FACT

VA received notice that the Veteran died in May 2021.

CONCLUSIONS 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 April 2002 to April 2005 and from April 2006 to October 2015.

Service Connection

The appeal is dismissed.

Unfortunately, the Veteran died during the pendency of the appeal. VA received notification that the Veteran died in May 2021. As a matter of law, Veteran's 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 Veteran 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).

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. G. Perkins, 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.