Citation Nr: 21073886 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 19-36 086 DATE: December 13, 2021 ORDER Entitlement to service connection for a right shoulder disability, to include as secondary to a service-connected disability, is dismissed. Entitlement to special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114 (s) on the basis of being homebound prior to February 15, 2021, is dismissed. FINDING OF FACT In November 2021, the Department of Veterans Affairs (VA) was notified that the Veteran died in September 2021. CONCLUSION OF LAW Due to the death of the Veteran, the Board of Veterans' Appeals (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 in the United States Army from June 1969 to June 1971, to include in the Republic of Vietnam. He also had additional service of an unverified nature in the California Army National Guard. This matter comes to the Board of Veterans' Appeals (Board) from March 2018 and August 2018 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO) of the Veterans Benefits Administration (VBA), which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed timely disagreement with this determination, and the present appeal ensued. The Veteran's appealed issues, among others, were previously before the Board in April 2021, when, among other actions, it was determined that remand was necessary to ensure that VA fulfilled its duty to assist the Veteran in substantiating his appeal. The Board's prior remand directives and the subsequent actions of the AOJ will be discussed below. The Veteran's appeal has been returned to the Board for further appellate consideration. The Board's April 2021 also remanded an appealed issue to establish service connection for a headache disability. In an August 2021 rating decision, the AOJ granted service connection for tension headaches; a 10 percent initial evaluation was assigned, effective from October 15, 2017. While the appeal period with this decision remains pending, the AOJ's allowance has abrogated the appeal which was remanded by the Board in April 2021, and thus, such is no longer in appellate status. Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997). 1. Entitlement to service connection for a right shoulder disability, to include as secondary to a service-connected disability, is dismissed. 2. Entitlement to SMC pursuant to 38 U.S.C. § 1114 (s) on the basis of being homebound prior to February 15, 2021, is dismissed. Unfortunately, the Veteran died during the pendency of the appeal. 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 Veteran's death 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. In fact, such a filing was received by VA in November 2021; however, the Board's ability to readjudicate these matters is unaffected by such until the AOJ undertakes further actions. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Scott W. Dale, 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.