Citation Nr: 21009646
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 16-19 209
DATE: February 23, 2021

ORDER

Entitlement to service connection for a low back disability, to include as secondary to a service-connected disability, is dismissed.

Entitlement to service connection for a right knee disability, to include as secondary to a service-connected disability, is dismissed.

Entitlement to service connection for a left knee disability, to include as secondary to a service-connected disability, is dismissed.

Entitlement to an evaluation in excess of 30 percent for posttraumatic stress disorder is dismissed

Entitlement to an evaluation in excess of 10 percent for peripheral neuropathy left lower extremity is dismissed. 

Entitlement to an evaluation in excess of 10 percent for peripheral neuropathy right lower extremity is dismissed. 

The propriety of the reduction of evaluation from 20 percent to 10 percent for peripheral neuropathy of the right upper extremity is remanded.

The propriety of the reduction of evaluation from 20 percent to 10 percent for peripheral neuropathy of the left upper extremity is remanded.

FINDING OF FACT

On January 25, 2021, the Board was notified that the appellant died in December 2020.

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeals 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 in the United States Army from May 1968 to May 1970.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from October 2014, October 2017 and July 2019 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).

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, 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.  38 C.F.R. § 3.1010(b).

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Megan-Brady Viccellio

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.