Citation Nr: 21073384 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 18-38 556 DATE: December 8, 2021 ORDER Entitlement to a rating in excess of 10 percent for right side diabetic neuropathy of the face and mount with fifth (trigeminal) cranial nerve involvement is dismissed. Entitlement to a rating in excess of 30 percent from February 21, 2017, and 10 percent from October 18, 2020, for left side diabetic neuropathy of the face and mouth with fifth (trigeminal) cranial nerve involvement is dismissed. Entitlement to an initial rating in excess of 10 percent for right side diabetic neuropathy of the face and mouth with twelfth (hypoglossal) cranial nerve involvement is dismissed. Entitlement to a rating in excess of 30 percent from February 21, 2017, and 10 percent from October 18, 2020, for left side diabetic neuropathy of the face and mouth with twelfth (hypoglossal) cranial nerve involvement is dismissed. Entitlement to an initial rating in excess of 10 percent for right side diabetic neuropathy of the face and mouth with seventh (facial) cranial nerve involvement is dismissed. Entitlement to an initial rating in excess of 20 percent from February 21, 2017, and 10 percent from October 18, 2020, for left side diabetic neuropathy of the face and mouth with seventh (facial) cranial nerve involvement is dismissed. FINDING OF FACT VA received verification that the Veteran died in September 2021; therefore, there remains no case or controversy for appellate consideration by the Board. CONCLUSION OF LAW Due to the death of the Veteran, there remains no case or controversy for appellate consideration and the pending appeal before the Board is dismissed. 38 U.S.C. § 7104(a); 38 C.F.R. §§ 3.1010; 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1967 to June 1969. The Veteran died in September 2021. These matters come to the Board of Veterans' Appeals (Board) on appeal from a November 2017 rating decision issued by the Department of Veterans' Affairs (VA) Regional Office (RO). 1. Entitlement to a rating in excess of 10 percent for right side diabetic neuropathy of the face and mount with fifth (trigeminal) cranial nerve involvement is dismissed. 2. Entitlement to a rating in excess of 30 percent from February 21, 2017, and 10 percent from October 18, 2020, for left side diabetic neuropathy of the face and mouth with fifth (trigeminal) cranial nerve involvement is dismissed. 3. Entitlement to an initial rating in excess of 10 percent for right side diabetic neuropathy of the face and mouth with twelfth (hypoglossal) cranial nerve involvement is dismissed. 4. Entitlement to a rating in excess of 30 percent from February 21, 2017, and 10 percent from October 18, 2020, for left side diabetic neuropathy of the face and mouth with twelfth (hypoglossal) cranial nerve involvement is dismissed. 5. Entitlement to an initial rating in excess of 10 percent for right side diabetic neuropathy of the face and mouth with seventh (facial) cranial nerve involvement is dismissed. 6. Entitlement to an initial rating in excess of 20 percent from February 21, 2017, and 10 percent from October 18, 2020, for left side diabetic neuropathy of the face and mouth with seventh (facial) cranial nerve involvement is dismissed. Unfortunately, the appellant died during the pendency of this appeal. VA received notification that the Veteran died in September 2021. 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). Consequently, this appeal on the merits has become moot by virtue of the Veteran's death and must be dismissed as there remains no case or controversy for appellate consideration. 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 claims 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 within one year from 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). 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). The Board notes that a claim for burial benefits was submitted by a survivor of the Veteran in October 2021. To date, however, a request to be substituted as the appellant regarding this pending appeal has yet to be received. As there are no outstanding claims by eligible survivors, the Board may dismiss the appeal. Based on the aforementioned, the Veteran's appeal is dismissed. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.C. Allen, Associate 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.