Citation Nr: 21007443
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 14-41 209
DATE: February 9, 2021

ORDER

The appeal on the issues of entitlement to service connection for a right knee disability, a low back disability, hypertension, chronic kidney disease, and a skin disability is dismissed.

FINDING OF FACT

On December 21, 2020 the Board was notified that the appellant died 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

This matter comes before the Board from a May 2013 rating decision which denied the following issues; 1. Entitlement to service connection for right knee disorder, status post-total replacement (TKR). 2. Entitlement to service connection for low back disorder, including degenerative disc disease (DDD). 3. Entitlement to service connection for hypertension. 4. Entitlement to service connection for chronic kidney disease. 5. Entitlement to service connection for a skin disorder, including eczema, and including as due to chronic kidney disease.  The Veteran filed a notice of disagreement (NOD) in March 2014; a statement of the case (SOC) was issued in October 2014 and a substantive appeal was submitted in October 2014.  The Veteran testified before the undersigned at a hearing held in October 2017.  The Board remanded this appeal for further development in July 2018 and May 2020.  

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.

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). 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Carol Eckart

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.