Citation Nr: A21019997
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 200311-74762
DATE: December 15, 2021

ORDER

Entitlement to service connection for hepatocellular carcinoma (claimed as liver cancer, due to Agent Orange exposure) is dismissed.

FINDING OF FACT

VA was notified that the Veteran died in March 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this claim at this time and the appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1966 to December 1968.

The Veteran was seeking entitlement to service connection for hepatocellular carcinoma, claimed as liver cancer, due to Agent Orange exposure.  

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). 

This appeal on the merits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction.  See 38U.S.C. §7104(a); 38C.F.R. §20.1302.  In reaching this decision above, the Board is not making any implications or providing any opinion about the merits of the appeal or any derivative claim brought by a survivor of the Veteran.  38C.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.  

Any person wishing to be substituted for the purpose of processing the claim to completion must file a request for substitution not later than one year after the date of the Veteran's death, with the VA office from which the claim originated (listed on the first page of this decision).  38C.F.R. §3.1010(b).  See 38 U.S.C. § 5121;38C.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).

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.