Citation Nr: 21073286 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 16-30 425 DATE: December 8, 2021 ORDER Whether there was clear and unmistakable error (CUE) in rating decisions of the Regional Office (RO) issued prior to the January 1990 decision of the Board denying an earlier effective date prior to January 22, 1986, for service connection for bilateral pes planus with degenerative changes dismissed. FINDINGS OF FACT 1. In November 2018, the Board dismissed whether there was clear and unmistakable error (CUE) in rating decisions of the Regional Office (RO) issued prior to the January 1990 decision of the Board denying an earlier effective date prior to January 22, 1986, for service connection for bilateral pes planus with degenerative changes for lack of jurisdiction. 2. The Veteran appealed the Board's November 2018 decision to the United States Court of Appeals for Veterans Claims (Court). 3. In June 2021, prior to promulgation of a decision, the Court was informed that the Veteran had died earlier in April 2021. 4. In August 2021, the Court vacated the Board's November 2018 decision and dismissed the appeal. CONCLUSION OF LAW Due to the death of the appellant, 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 CONCLUSION The Veteran served on active duty from June 1976 to November 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision. The Board issued a decision in November 2018 that dismissed the issue on appeal for lack of jurisdiction. The Veteran appealed the Board's decision to the Court. In June 2021, the Court was put on notice that the Veteran had died in April 2021. Thereafter, in August 2021, the Court vacated the Board's November 2018 decision and dismissed the appeal. The case was subsequently returned to the Board. Unfortunately, the appellant died during the pendency of this appeal. See April 2021 VA 27-0820a Report of First Notice of Death. 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. 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). To file a request for substitution, you may use VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant," which can be found online here: https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf. The completed form may be submitted electronically via ACCESSVA. The web address for ACCESSVA is https://eauth.va.gov/accessva/?cspSelectFor=dmhs. Alternatively, you may mail the completed form to: Department of Veterans Affairs Pension Intake Center PO Box 5365 Janesville, WI 53547-5365 You may also submit the form directly to your nearest VA regional office. To find a VA regional office nearest you go to https://www.va.gov/find-locations/?facilityType=benefits. Please note that only certain persons are eligible for substitution. 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). There is a helpful factsheet that explains who is eligible for accrued benefits here: https://benefits.va.gov/BENEFITS/factsheets/general/Accrued.pdf S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Cheng, 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.