Citation Nr: 21009993 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 18-06 258 DATE: February 23, 2021 ORDER Entitlement to service connection for bilateral hearing loss is dismissed. Entitlement to service connection for tinnitus is dismissed. FINDING OF FACT The record contains a death certificate and notice from the United States Social Security Administration (SSA) indicating that the Veteran died on December [REDACTED], 2020 during the pendency of this appeal. CONCLUSION OF LAW Due to the death of the Veteran, the Board of Veterans’ Appeals (Board) has no jurisdiction to adjudicate the merits of this appeal 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 from November 1965 to October 1967. These matters come before the Board on appeal from a September 2015 rating decision issued by a Regional Office (RO) of the United States Department of Veterans Affairs (VA). The record contains a death certificate and SSA notice indicating that the Veteran died on December [REDACTED], 2020. Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, veterans’ 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); 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; 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; see 38 C.F.R. § 3.1010(a). [Continued on Next Page] An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the Veteran should file a request for substitution with the VA office from which the claim originated. 38 C.F.R. § 3.1010(b). Cynthia M. Bruce Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Galante 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.