Citation Nr: 21009975 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 20-13 102 DATE: February 23, 2021 ORDER A rating in excess of 10 percent prior to October 4, 2017, and in excess of 30 percent since for Parkinson's disease is dismissed. A rating in excess of 10 percent prior to October 4, 2017, and in excess of 20 percent since for tremors of the left upper extremity (LUE) is dismissed. A compensable rating prior to October 4, 2017, and a rating in excess of 10 percent since for stooped posture with a balance impairment is dismissed. A rating in excess of 10 percent between May 1, 2013, and July 18, 2017, for coronary artery disease (CAD) status post coronary artery bypass surgery is dismissed. A rating in excess of 10 percent for tremors of the left lower extremity (LLE) is dismissed. A rating in excess of 10 percent for tremors of the right lower extremity (RLE) is dismissed. A compensable rating for loss of smell is dismissed. Entitlement to special monthly compensation (SMC) based on housebound status between May 1, 2013, and July 18, 2017, is dismissed. Entitlement to compensation for specially adapted housing is dismissed. Entitlement to compensation for special home adaptations is dismissed. FINDING OF FACT The Veteran died in January 2021 and the Board was notified in January 2021. CONCLUSION OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the Veteran’s claims at this time. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. §§ 20.205, 20.1302 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Board received notification that 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). Accordingly, this appeal on the merits has become moot by virtue of the Veteran’s death and is 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 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 § 5121(a). 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. 39 C.F.R. § 3.1010(b). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Spigelman, 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.