Citation Nr: 21005307
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 18-22 667
DATE: February 1, 2021

ORDER

Entitlement to an earlier effective date for the award of service connection for posttraumatic stress disorder (PTSD) with cannabis and alcohol abuse is dismissed.

FINDING OF FACT

On January 2021 the Board was notified that the appellant passed away in December 2020.

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 from May 1974 to April 1976.

This matter comes before the Board of Veteran’s Appeals (Board) from a June 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, the appellant 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); Landicho v. Brown, 7 Vet. App. 42, 47 (1994).  This appeal on the merits has become moot by virtue of the death of the appellant 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.

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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.  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).

The Board notes the Veteran’s daughter filed an application for substitution in January 2021. However, the RO has not yet reviewed this request, and the Board does not have jurisdiction to make determinations regarding basic eligibility to substitute in the first instance. 38 U.S.C. § 7104; § 38 C.F.R. § 20.104 (a). If the RO grants the request to substitute, the appeal will be reactivated and the case will assume its original place on the Board’s docket. 38 C.F.R. §§ 20.1302 (a), 20.902(a)(2).

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Gonzalez-Maldonado

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.