Citation Nr: 21075605
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 11-20 919
DATE: December 21, 2021

ORDER

Entitlement to service connection for heart disorder other than hypertension, including as secondary to service-connected posttraumatic stress disorder, anxiety, and depression, eating disorder with obesity, and/or hypertension, is dismissed.

FINDING OF FACT

On October 27, 2021 the Board was notified by the Department of Veterans Affairs (VA) Regional Office, that the Veteran died on October [REDACTED], 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, 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 served on active duty from July 1975 to March 1984, and on active duty for training from February 1987 to May 1987. This case comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veteran Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge in a January 2013 hearing. This issue was previously before the Board in December 2015, January 2017, February 2018, and October 2019, each time remanded for further development. In September 2020, the Veteran requested a virtual tele-hearing.

Unfortunately, the Veteran died during the pendency of the appeal on October [REDACTED], 2021. As a matter of law, Veterans' 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. See 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. See 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; see 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). 

 

K. MILLIKAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rogos

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.