Citation Nr: 21005644
Decision Date: 02/02/21	Archive Date: 02/02/21

DOCKET NO. 15-18 533A
DATE: February 2, 2021

ORDER

Entitlement to service connection for a skin disorder is dismissed.

Entitlement to service connection for bilateral upper extremity peripheral neuropathy is dismissed. 

Entitlement to service connection for bilateral lower extremity peripheral neuropathy is dismissed. 

Entitlement to service connection for a bilateral foot disorder, to include arthritis and bone spurs, is dismissed. 

Entitlement to service connection for a sleep disorder is dismissed. 

Entitlement to service connection for erectile dysfunction is dismissed. 

FINDINGS OF FACT

1. In January 2021, the Board was notified that the Veteran died in January 2021.

2. Prior to the Veteran’s death, he filed claims for the following: (1) service connection for a skin disorder; (2) service connection for bilateral upper extremity peripheral neuropathy; (3) service connection for bilateral lower extremity peripheral neuropathy; (4) service connection for a bilateral foot disorder; (5) service connection for a sleep disorder; (6) service connection for erectile dysfunction.

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); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active naval service from January 1970 to January 1974, to include service in the Republic of Vietnam.  

This case comes before the Board of Veterans’ Appeals (Board) on appeal from multiple rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Iowa.      

This case was previously before the Board in September 2018, at which time the issues currently on appeal were remanded for additional development.  The case has now been returned to the Board for further appellate action.  

In August 2020, the Veteran’s attorney requested a 90 extension of time to submit additional evidence and argument in support of this appeal. The Board granted this Motion for Extension of Time in September 2020.  The time period associated with this requested extension of time has expired.

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); 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.

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).  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).  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.  38 C.F.R. § 3.1010(b).

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Christopher O'Donnell, 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.