Citation Nr: 21074365
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 20-07 040
DATE: December 15, 2021

ORDER

Entitlement to service connection for a right shoulder condition is dismissed.

Entitlement to service connection for a left shoulder condition is dismissed.

Entitlement to service connection for a left wrist condition is dismissed.

Entitlement to service connection for a right wrist condition is dismissed.

Entitlement to service connection for a back/spine condition is dismissed.

Entitlement to service connection for a left ankle condition is dismissed.

Entitlement to service connection for a right ankle condition is dismissed.

Entitlement to service connection for bilateral hearing loss is dismissed.

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed.

Entitlement to service connection for sleep apnea is dismissed.

Entitlement to service connection for heart palpitations is dismissed.

Entitlement to service connection for cardiac hypertrophy is dismissed.

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for erectile dysfunction is dismissed.

Entitlement to service connection for a mental health condition is dismissed.

FINDING OF FACT

The Board was notified that the appellant died on October [REDACTED], 2021. 

CONCLUSIONS OF LAW

1. The criteria for dismissal of the claim for service connection for a right shoulder condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of the claim for service connection for a left shoulder condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of the claim for service connection for a left wrist condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for dismissal of the claim for service connection for a right wrist condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for dismissal of the claim for service connection for a back/spine condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

6. The criteria for dismissal of the claim for service connection for a left ankle condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

7. The criteria for dismissal of the claim for service connection for a right ankle condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

8. The criteria for dismissal of the claim for service connection for bilateral hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

9. The criteria for dismissal of the claim for service connection for COPD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

10. The criteria for dismissal of the claim for service connection for sleep apnea have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

11. The criteria for dismissal of the claim for service connection for heart palpitations have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

12. The criteria for dismissal of the claim for service connection for cardiac hypertrophy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

13. The criteria for dismissal of the claim for service connection for hypertension have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

14. The criteria for dismissal of the claim for service connection for erectile dysfunction have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

15. The criteria for dismissal of the claim for service connection for a mental health condition have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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 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). 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). 

 

Rebecca N. Poulson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Roya Bahrami, 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.