Citation Nr: 21008712
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 19-00 435A
DATE: February 17, 2021

ORDER

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed.

Entitlement to service connection for anxiety is dismissed.

FINDING OF FACT

In January 2021 the Department of Veterans Affairs (VA) was notified by the Social Security Administration (SSA) that the Veteran died in December 2020. 

CONCLUSIONS OF LAW

1. The criteria for dismissal of entitlement to service connection for COPD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55 (legacy). 

2. The criteria for dismissal of entitlement to service connection for anxiety have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55 (legacy).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) and anxiety are dismissed. 

The Veteran had active service in the Navy from February 1965 to May 1968. In January 2021 VA received documentation from the SSA that the Veteran died on December [REDACTED], 2020. At the time of his death, the Veteran had pending appeals for entitlement to service connection for COPD and anxiety. 

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 Veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104(a)(2); 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 Veteran’s death. See 38 U.S.C. § 5121A(2); 38 C.F.R. § 3.1010(b).

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. C. Sametshaw

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.