Citation Nr: 21010899
Decision Date: 02/26/21	Archive Date: 02/26/21

DOCKET NO. 16-33 328
DATE: February 26, 2021

ORDER

Entitlement to a compensable rating for posttraumatic stress disorder (PTSD) is dismissed.

Entitlement to service connection for a left-hand condition is dismissed.

Entitlement to service connection for triple bypass heart surgery as a result of herbicide exposure is dismissed.

The issue of whether new and material evidence has been received to reopen a claim for service connection for hypertension is dismissed.

The issue of whether new and material evidence has been received to reopen a claim for service connection for diabetes mellitus is dismissed.

The issue of whether new and material evidence has been received to reopen a claim for service connection for shortness of breath is dismissed.

 

FINDING OF FACT

Just recently, in February 2021, VA received notice of this Veteran’s unfortunate death earlier this month.

CONCLUSION OF LAW

Because of his death, the Board has no jurisdiction to adjudicate the merits of these pending claims. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from January 1971 to January 1973, from September 1990 to June 1991, and from February 2003 to June 2004.

Unfortunately, the Veteran died during the pendency of this appeal. 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). This appeal on the merits has become moot by virtue of the Veteran’s death 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 these claims 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 these claims originated. 38 C.F.R. § 3.1010 (b). 

Accordingly, as the Veteran has passed away and a request for substitution has not been submitted and approved, there currently are no matters on appeal over which the Board has jurisdiction. Thus, this appeal is summarily dismissed.

 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Erdheim

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.