Citation Nr: 21073946
Decision Date: 12/13/21	Archive Date: 12/13/21

DOCKET NO. 17-19 779
DATE: December 13, 2021

ORDER

Entitlement to service connection for a kidney disability is dismissed.

Entitlement to service connection for a heart disability is dismissed.

Entitlement to service connection for hypertension is dismissed.

FINDINGS OF FACT

On November 3, 2021, the Board received notification that the Veteran died in November 2021.

CONCLUSIONS OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the claims of entitlement to service connection for a kidney disability, heart disability, and hypertension at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.  

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the U.S. Marine Corps from August 1966 to August 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 and an April 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to service connection for kidney disability

2. Entitlement to service connection for a heart disability

3. Entitlement to service connection for hypertension

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 death of the Veteran and must be dismissed without prejudice 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.

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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).  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).

 

 

R. Costello

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Department of Veterans Affairs

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.