Citation Nr: 21008187
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 19-27 714
DATE: February 11, 2021

ORDER

The claim of entitlement to a higher rating for right thigh impairment is dismissed.

The claim of entitlement to a higher rating for left hip limited extension is dismissed.

The claim of entitlement to a higher rating for right hip limited extension is dismissed.

The claim of entitlement to a higher rating for left hip limited flexion is dismissed

The claim of entitlement to a higher rating for left hand disability is dismissed.

The claim of entitlement to a higher rating for right hand disability is dismissed.

The claim of entitlement to a higher rating for right hip limited flexion is dismissed.

The claim of entitlement to a higher rating for left thigh impairment is dismissed.

The claim of entitlement to a higher rating for right knee tendonitis is dismissed.

The claim of entitlement to a higher rating for left knee patellofemoral syndrome is dismissed.

FINDING OF FACT

On February 8, 2021, the Board was notified that the Veteran died in January 2021, prior to a promulgation of a decision in this appeal.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of these appeals at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from September 1966 to August 1986.  He passed away in January 2021.

This appeal is from a May 2016 rating decision.

Unfortunately, the Veteran died during the pendency of this 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).

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Gibson

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.