Citation Nr: 21007913
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 11-15 172
DATE: February 11, 2021

ORDER

Entitlement to service connection for a disability manifested by shortness of breath is dismissed.

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for kidney disability is dismissed.

Entitlement to service connection for a disability manifested by dizziness and fainting is dismissed.

FINDING OF FACT

On January 13, 2021, the Board of Veterans Appeals (Board) was notified that the Veteran died earlier that month.

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 FINDING AND CONCLUSION

The Veteran served on active duty from March 1968 to April 1970.

This matter is on appeal before the Board of Veterans Appeals (Board) from a July 2008 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In October 2016, the Veteran testified during a hearing before the undersigned; a transcript of this hearing is of record.

The case was remanded in March 2017.

In February 2019, the Board issued a decision that denied service connection for a kidney disorder, a disorder manifested by dizziness and fainting, and hypertension, and remanded service connection for shortness of breath.

The Veteran appealed the denial of the three claims and in a June 2020 Memorandum Decision the United States Court of Appeals for Veterans Claims (Court) vacated the portion of the February 2019 decision that denied service connection for a kidney disorder, a disorder manifested by dizziness and fainting, and hypertension, and remanded the matters to the Board.

Service Connection

1. Entitlement to service connection for a disability manifested by shortness of breath

2. Entitlement to service connection for hypertension

3. Entitlement to service connection for kidney disability

4. Entitlement to service connection for a disability manifested by dizziness and fainting

Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, veterans’ claims do not survive their deaths and the appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Landicho v. Brown, 7 Vet. App. 42, 53-54 (1994).

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 Veteran’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).

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Bredehorst

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.