Citation Nr: 21005429
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 18-20 920
DATE: February 1, 2021

ORDER

Entitlement to service connection for a right elbow disability is dismissed.

Entitlement to service connection for a right index finger strain is dismissed.

Entitlement to service connection for a lumbar strain is dismissed.

Entitlement to service connection for left knee Osgood Schlatter’s disease is dismissed.

Entitlement to service connection for right knee Osgood Schlatter’s disease is dismissed.

Entitlement to service connection for a left ankle disability is dismissed.

Entitlement to service connection for a groin muscle strain is dismissed.

Entitlement to service connection for sinusitis is dismissed.

Entitlement to service connection for feet callus that causes bilateral foot pain is dismissed.

Entitlement to service connection for multiple sclerosis, to include joint and leg, is dismissed.

Entitlement to service connection for headaches is dismissed.

FINDING OF FACT

On December 22, 2020, the Board received notice that the Veteran died on December [REDACTED], 2020. 

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) (2012); 38 C.F.R. § 20.1302 (2019). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from August 1979 to January 1988.

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

Unfortunately, the Veteran died during the pendency of the appeal. 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 for lack of jurisdiction. See 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019).

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 (2019).

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 Veteran for purposes of processing the claims to completion. Such request must be filed not later than one year after the date of the Veteran’s death. See 38 U.S.C. § 5121A (2012); 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 (2012); 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 (listed on the first page of this decision). 38 C.F.R. § CFR 20.1302 (2019).

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K.R. Kardian, 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.