Citation Nr: 21007750
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 13-03 223A
DATE: February 10, 2021

ORDER

The appeal for entitlement to a clothing allowance for the 2012 calendar year based on the use of knee braces and a back brace is dismissed.

FINDING OF FACT

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

CONCLUSION 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 FINDING AND CONCLUSION

According to the evidence of record, the Veteran served on active duty in the United States Navy from November 1976 to November 1979, from January 1983 to January 1985, and from April 1985 to July 1992.  The Board acknowledges that there is one DD-214 form that lists the date of entry as November 1975.  The Board also recognizes that the Veteran filed a statement dated February 2013 where he contended that correct date of entry for his service is November 1974.  

At the outset, the Board acknowledges receipt of a statement received March 2018, where the handwritten language appears to be an attempt by the Veteran to withdraw his appeal.  As the language was unclear and referred to different appeals, the Board does not interpret this statement as a clear, valid statement sufficient enough to serve as a proper withdrawal of the appeal.  

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); 38 C.F.R. § 20.1302.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Talamantes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.