Citation Nr: 21010286
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 20-12 395
DATE: February 24, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In February 2021, the Board was notified that the Veteran passed away in January 2021.

CONCLUSIONS OF LAW

1.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for service connection for an acquired psychiatric disorder at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

2.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for service connection for a back disorder at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

3.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for service connection for a left knee disorder at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

4.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for a total disability rating due to individual unemployability (TDIU) at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from June 1991 to April 1994.

Unfortunately, the Veteran passed away 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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The Board observes that C.H. has filed a request for substitution received by VA in February 2021, which is pending review by the AOJ.   

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Donna D. Ebaugh, 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.