Citation Nr: 21010163
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 16-34 213
DATE: February 24, 2021

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia, schizoaffective disorder, and heroin and opiod dependence, is dismissed.  

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.  

FINDINGS OF FACT

1. In February 2021, the Board was notified that the Veteran died in January 2021.

2. Prior to the Veteran’s death, he filed claims for, in pertinent part, entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia, schizoaffective disorder and heroin and opiod dependence, and entitlement to a TDIU.  

CONCLUSION OF LAW

Due to the death of the Veteran, the 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 FINDINGS AND CONCLUSION

The Veteran had active naval service from July 1972 to November 1974.  

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California.        

This case was previously before the Board in January 2019, at which time the issues currently on appeal were remanded for additional development.  The case has now been returned to the Board for further appellate action.  

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 Veteran 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.

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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).

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Christopher O'Donnell, 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.