Citation Nr: 21010331 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 18-05 465 DATE: February 24, 2021 ORDER The appeal for service connection for a back/lumbar spine disorder is dismissed. The appeal for service connection for headaches is dismissed. The appeal for service connection for an acquired psychiatric disorder is dismissed. The appeal for service connection for sleep apnea is dismissed. FINDING OF FACT Prior to the promulgation of an appellate decision in this appeal, the Board was notified that the Veteran died on January [REDACTED], 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 a lumbar spine 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 headaches 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 an acquired psychiatric 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 service connection for sleep apnea at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSIONS In a rating decision issued in May 2015, the RO granted service connection for tinnitus, and denied the issues of service connection for lumbar degenerative disc disease with stenosis, asthma, hypertension, bilateral lower extremity peripheral neuropathy, headaches, a sleep disorder (to include sleep apnea), a psychiatric disorder (to include depression and anxiety), and diabetes mellitus. In July 2015 the Veteran initiated an appeal to that decision, and in January 2018 he perfected his appeal. In a decision dated in April 2019, the Board denied the issues of service connection for asthma, hypertension, diabetes mellitus, bilateral lower extremity peripheral neuropathy; a rating higher than 10 percent for tinnitus; and an effective date prior to February 24, 2015 for the grant of service connection for tinnitus; and then remanded the issues of service connection for a lumbar spine disorder, headaches, an acquired psychiatric disorder, and sleep apnea for further development. In January 2021, VA received confirmation, by way of a death certificate, that the Veteran had died on January [REDACTED], 2021; prior to a decision by the Board on the remanded claims for service connection for a lumbar spine disorder, headaches, an acquired psychiatric disorder, and sleep apnea. Unfortunately, the Veteran died during the pendency of the appeal, and 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). The pending appeals for service connection for a lumbar spine disorder, headaches, an acquired psychiatric disorder, and sleep apnea have thus 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 these appeals or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. In this regard, the Board notes that VA has received an application for Dependency and Indemnity Compensation and accrued benefits. See VA 21-534EZ Application for Dependency and Indemnity Compensation or Death Pension by a Surviving Spouse or Child received by VA on January 21, 2021. The Board does not presently have jurisdiction over this claim, which will be separately adjudicated by the agency of original jurisdiction. Shereen M. Marcus Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Childers, 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.