Citation Nr: 21074359
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 18-12 383
DATE: December 15, 2021

ORDER

Entitlement to financial assistance for automobile or other conveyance and adaptive equipment or adaptive equipment only is dismissed.

FINDING OF FACT

In January 2020, VA was notified that the Veteran died in December 2019.

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal. 38 U.S.C. § 7104 (a); 38 C.F.R. § § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from April 1968 to April 1970, to include service in the Republic of Vietnam.

The Veteran died in December 2019.

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 for lack of jurisdiction.  38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.  

In this regard, the benefit at issue is not periodic monthly benefits, but rather a one-time lump sum payment automobile or other conveyance and adaptive equipment or adaptive equipment only.  Accordingly, the benefit in this case cannot be considered an accrued benefit, as such is defined as "periodic monetary benefits... authorized under law administered by [VA], to which a payee was entitled at his or her death under existing ratings for decisions or those based on evidence in the file at the date of death, and due and unpaid."  38 U.S.C. § 5121 (a); 38 C.F.R. § 3.1000 (a); see Pappalardo v. Brown, 6 Vet. App. 63, 65 (1993) (a one-time payment for assistance for specially adapted housing does not qualify as a 'periodic monetary benefit' for purposes of 38 U.S.C. § 5121 and, therefore, is not payable as an accrued benefit); Gillis v. West, 11 Vet. App. 441 (1998) (holding that automobile purchase assistance is not an accrued benefit as a matter of law).

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joshua R. Castillo, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.