Citation Nr: 21008730 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 18-06 110 DATE: February 17, 2021 ORDER Entitlement to service connection for irritable bowel syndrome (IBS), claimed as a stomach condition, is dismissed. Entitlement to service connection for vertigo is dismissed. Entitlement to a disability rating in excess of 10 percent for lumbar back strain and segmental dysfunction is dismissed. Entitlement to a disability rating in excess of 10 percent for right hip strain/snapping syndrome is dismissed. Entitlement to a disability rating in excess of 10 percent for left hip strain/snapping syndrome is dismissed. Entitlement to a disability rating in excess of 10 percent for right knee patellofemoral syndrome is dismissed. Entitlement to a disability rating in excess of 70 percent for major depressive disorder is dismissed. Entitlement to an effective date prior to November 2, 2015 for the grant of service connection for right hip strain/snapping syndrome is dismissed. A total disability rating based on individual unemployability (TDIU), due to service-connected disabilities, is dismissed. FINDING OF FACT In February 2021, the Board was notified by the Indiana State Department of Health that the Veteran died in January 2021. CONCLUSIONS OF LAW 1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to service connection for IBS. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to service connection for vertigo. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 3. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to service connection for a disability rating in excess of 10 percent for a lumbar strain. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 4. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to service connection for disability rating in excess of 10 percent for a right hip strain. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 5. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to service connection for disability rating in excess of 10 percent for a left hip strain. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 6. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to service connection for disability rating in excess of 10 percent for a right knee patellofemoral syndrome. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 7. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to service connection for disability rating in excess of 70 percent for major depressive disorder. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 8. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to an effective date prior to November 2, 2015 for the grant of service connection for right hip strain. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 9. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claim for entitlement to a TDIU. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from October 2003 to May 2007. She died in January 2021. Unfortunately, the Veteran 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, 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 (listed on the first page of this decision). 38 C.F.R. § 3.1010(b). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Abrams, 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.