Citation Nr: 21006050 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 16-35 095 DATE: February 3, 2021 ORDER Service connection for bilateral hearing loss is dismissed. Service connection for tinnitus is dismissed. Service connection for left foot fungus in toenails is dismissed. Service connection for right foot fungus in toenails is dismissed. Service connection for loss of vision in the right eye is dismissed. Service connection for a left leg injury is dismissed. Service connection for a prostate disorder is dismissed. Service connection for diabetes mellitus type II is dismissed. Service connection for hypertension is dismissed. Service connection for memory loss is dismissed. Service connection for coronary infarction is dismissed. An increased (compensable) disability rating for a left knee scar is dismissed. FINDINGS OF FACT Prior to adjudication of the appeal by the Board, VA was notified that the Veteran died in December 2020. CONCLUSIONS 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 FINDINGS AND CONCLUSIONS The Veteran, who is the appellant, served on active duty from October 1951 to July 1953. The Veteran died in December 2020. 1. Service connection for bilateral hearing loss 2. Service connection for tinnitus 3. Service connection for left foot fungus in toenails 4. Service connection for right foot fungus in toenails 5. Service connection for loss of vision in the right eye 6. Service connection for a left leg injury 7. Service connection for a prostate disorder 8. Service connection for diabetes mellitus type II 9. Service connection for hypertension 10. Service connection for memory loss 11. Service connection for coronary infarction 12. An increased (compensable) disability rating for a left knee scar Prior to adjudication of the appeal by the Board, the Veteran died in December 2020, 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 Veteran and must be dismissed for lack of jurisdiction. See 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. See 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; 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. 38 C.F.R. § 3.1010(b). J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Choi, 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.