Citation Nr: 21008210
Decision Date: 02/12/21	Archive Date: 02/12/21

DOCKET NO. 19-11 323
DATE: February 12, 2021

ORDER

Entitlement to service connection for a respiratory disability, to include sinusitis and allergic rhinitis is dismissed. 

Entitlement to service connection for neck disability is dismissed.

Entitlement to service connection for right hip disability is dismissed. 

Entitlement to service connection for left hip disability is dismissed.

Entitlement to service connection for right wrist arthritis is dismissed.

Entitlement to service connection for left wrist is dismissed.

Entitlement to service connection for right hand arthritis is dismissed.

Entitlement to service connection for left hand arthritis is dismissed.

FINDING OF FACT

On January 25, 2021, the Board was notified that the appellant died in January 2021.

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

The Veteran served on active duty with the United States Army from February 1973 to February 1976.  This matter comes the Board of Veterans’ Appeals (Board) on appeal from a January 2018 rating decision by a Regional Office (RO) of the United States Departments of Veterans Affairs (VA). 87

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 (Fed. Cir. 1996).  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.

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).  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).

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.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.P. Faris

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.