Citation Nr: 21075645
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 16-19 249
DATE: December 21, 2021

ORDER

The claim for entitlement to service connection for the Veteran's cause of death for purposes of entitlement to dependency and indemnity compensation (DIC) dismissed.

The claim for entitlement to DIC benefits under the provisions of 38 U.S.C. § 1318 is dismissed.  

FINDING OF FACT

On November 16, 2021 the Board of Veterans' Appeals (Board) was notified that the appellant died in July 2021.

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 served on active duty in the United States Army from April 1945 to February 1946.  The Veteran died in November 2010.  The appellant was the Veteran's spouse.

Unfortunately, the appellant died during the pendency of this appeal.  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.  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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303. 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Veltri, Associate Counsel