Citation Nr: 21008307
Decision Date: 02/16/21	Archive Date: 02/16/21

DOCKET NO. 20-07 158
DATE: February 16, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In January 2021, the Department of Veterans Affairs (VA) was notified that the Veteran died earlier that month, as verified by the Social Security Administration (SSA).

CONCLUSION OF LAW

Due to the death of the Veteran, the Board of Veterans’ Appeals (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 service on active duty from September 1979 to May 1988.  This matter comes before the Board on appeal from a December 2017 rating decision issued by a VA Regional Office.

1. Entitlement to an initial rating in excess of 10 percent for lumbosacral strain. 

2. Entitlement to an initial rating in excess of 10 percent for hypertension.

3. Entitlement to an initial compensable rating for bilateral hearing loss. 

4. Entitlement to service connection for a heart disorder. 

5. Entitlement to service connection for a left foot disorder. 

6. Entitlement to service connection for a right foot disorder. 

Unfortunately, the Veteran died during the pendency of the appeal.  Specifically, as noted previously, in January 2021, VA was notified that he died earlier that month, as verified by SSA.  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).  

Therefore, 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.

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.  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).

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Koria B. Stanton, Associate Counsel

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.