Citation Nr: 21009567
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 19-01 618
DATE: February 22, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

During the pendency of the appeal, the Veteran passed away in January 2021.

CONCLUSION OF LAW

Due to the Veteran’s passing, the Board has no jurisdiction to adjudicate the merits of this appeal. 38 U.S.C. § 7104 (2012); 38 C.F.R. § 20.1302 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1965 to December 1967.

This matter comes before the Board on appeal of an August 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

1. Whether new and material evidence has been submitted to reopen service connection for bilateral hearing loss; whether new and material evidence has been submitted to reopen service connection for tinnitus; whether new and material evidence has been submitted to reopen service connection for posttraumatic stress disorder (PTSD); whether new and material evidence has been submitted to reopen service connection for erectile dysfunction. 

VA has received notice from the Social Security Administration that the Veteran passed away in January 2020. As a matter of law, a veteran’s claim does not survive their death. Landicho v. Brown, 7 Vet. App. 42, 47 (1994), superseded by 38 U.S.C. § 5121A (2012) (only with respect to the issue of substitution of a claimant upon an appellant’s death). Thus, this appeal is now moot and must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104; 38 C.F.R. § 20.1302.

As the Board makes no decision on the merits of this appeal, this dismissal does not affect the right of an eligible person to substitute in as the appellant for purposes of processing all pending claims to completion. 38 U.S.C. § 5121A; 38 C.F.R. §§ 3.1010, 20.1106. A request for substitution must be filed no later than one year after the date of the Veteran’s death and should be filed with the agency of original jurisdiction from which the claim originated.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Amanda Baker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.