Citation Nr: 21077637
Decision Date: 12/30/21	Archive Date: 12/30/21

DOCKET NO. 18-23 858
DATE: December 30, 2021

ORDER

The appeal for a rating greater than 70 percent for posttraumatic stress disorder (PTSD) with dissociative symptoms and delayed expression, and opiate use disorder is dismissed.

The appeal for entitlement to a total disability rating for individual unemployability (TDIU) due to service-connected disabilities is dismissed.

FINDING OF FACT

In December 2021, the Board was notified that the Veteran died in November 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

Prior to discussing the appeal at hand, the Board would be remiss if it did not recognize the Veteran's outstanding service.  The Veteran had honorable active service with the United States Marines in November 1968 to February 1971.  He was awarded decorations to include a Combat Action Ribbon.  He was clearly a credit to the Marines and to his family, and his service to his country is greatly appreciated. 

Unfortunately, the Veteran died during the pendency of this 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.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.