Citation Nr: 21074384
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 16-56 515
DATE: December 15, 2021

ORDER

The appeal involving entitlement to service connection for the cause of the Veteran's death is dismissed.

The appeal involving entitlement to Dependency and Indemnity Compensation under 38 U.S.C. § 1318 is dismissed.

FINDING OF FACT

The Department of Veterans Affairs (VA) has been notified that the appellant died in February 2018.

CONCLUSION OF LAW

Due to the death of the appellant, the 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, who served on active duty in the United States Army from July 1968 to June 1970, died in January 2014.  The appellant is his surviving spouse.  This matter comes before the Board of Veterans' Appeals (Board) from a June 2014 decision of a VA Agency of Original Jurisdiction (AOJ).  

Unfortunately, the appellant died during the pendency of this appeal.  See December 2021 Correspondence. As a matter of law, appellants' claims do not survive their deaths.  Therefore, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.