Citation Nr: 21010399 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 16-12 741 DATE: February 24, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder is dismissed. Entitlement to service connection for obstructive sleep apnea is dismissed. Entitlement to service connection for headaches is dismissed. Entitlement to service connection for a respiratory disability is dismissed. Entitlement to service connection for tinnitus is dismissed. Entitlement to dependent pay for D.T.H. is dismissed. FINDING OF FACT The Board has received notice that the Veteran died in January 2021. CONCLUSIONS OF LAW 1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to service connection for an acquired psychiatric disorder. 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 issue of entitlement to service connection for obstructive sleep apnea. 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 issue of entitlement to service connection for headaches. 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 issue of entitlement to service connection for a respiratory disability. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302. 5. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to service connection for tinnitus. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302. 6. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the issue of entitlement to dependent pay for D.T.H. 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 March 1970 to January 1973. The Veteran passed away in January 2021. These matters come to the Board of Veterans’ Appeals (Board) on appeal from April 2013 and January 2017 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). Unfortunately, the appellant 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. 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 appellant’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). 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). C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. B. Smith, Associate 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.