Citation Nr: 21010190
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 19-33 982
DATE: February 24, 2021

ORDER

Entitlement to service connection for diabetes is dismissed. 

Entitlement to service connection for erectile dysfunction is dismissed. 

Entitlement to service connection for hypertension is dismissed. 

FINDING OF FACT

The Veteran died in January 2021, prior to the prior to the issuance of a final Board decision. 

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) (2012); 38 C.F.R. § 20.1302 (2020). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1979 to February 1981. 

The appeal originates from a December 2018 decision of a Department of Veterans Affairs (VA) Regional Office.

1. Entitlement to service connection for diabetes is dismissed. 

2. Entitlement to service connection for erectile dysfunction is dismissed. 

3. Entitlement to service connection for hypertension is dismissed.

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 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).

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JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	H. Hoeft

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.