Citation Nr: 21010816 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 16-62 993 DATE: February 25, 2021 ORDER The appeal of the issue of entitlement to an evaluation of coronary artery disease status post coronary artery bypass grafting in excess of 10 percent disabling prior to March 10, 2014 and 30 percent thereafter is dismissed. The appeal of the issue of entitlement to an evaluation of residuals of bladder cancer and prostate cancer in excess of 60 percent from November 14, 2012, is dismissed. The appeal of the issue of entitlement to an initial compensable evaluation of ventral hernia prior to April 16, 2014, and in excess of 20 percent thereafter, is dismissed. FINDING OF FACT On January 28, 2021 the Board was notified that the appellant died in January 2021. CONCLUSION OF LAW Due to the death of the appellant, 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 FINDING AND CONCLUSION The Veteran served on active duty from August 1965 to August 1969, including in the Republic of Vietnam. The appeal comes to the Board from January 2014 and March 2014 rating decisions issued by the Regional Office (RO). The January 2014 rating decision granted entitlement to service connection for ventral hernia, assigning an initial noncompensable (0 percent) rating. It also adjudicated increased rating claims for bladder cancer and prostate cancer stemming from an April 2013 increased rating claim. The March 2014 rating decision denied an application for an increased evaluation for coronary artery disease status post coronary artery bypass grafting (CAD) in excess of 10 percent. Subsequent rating decisions granted higher staged ratings, such that at the time of his passing, the Veteran was rated as follows: for CAD, 10 percent prior to March 10, 2014 and 30 percent thereafter; ventral hernia, 0 percent prior to April 16, 2014 and 20 percent thereafter; residuals of bladder cancer and prostate cancer, 100 percent prior to November 14, 2012, and 60 percent thereafter. The Veteran appealed all of the increased evaluation claims and the issues were perfected to the Board in December 2016. 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). LAURA E. COLLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Allen M. Kerpan 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.