Citation Nr: 21010967 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 19-13 595 DATE: February 26, 2021 ORDER The appeal as to the claim of entitlement to service connection for chronic cough disorder is dismissed. The appeal as to the claim of entitlement to service connection for vertigo is dismissed. The appeal as to the claim of entitlement to service connection for heart disorder is dismissed. The appeal as to the claim of entitlement to service connection for hernia is dismissed. The appeal as to the claim of entitlement to service connection for right foot disorder is dismissed. The appeal as to the claim of entitlement to service connection for left knee disorder is dismissed. The appeal as to the claim of entitlement to service connection for right knee disorder is dismissed. The appeal as to the claim of entitlement to service connection for left shoulder disorder is dismissed. The appeal as to the claim of entitlement to service connection for right shoulder disorder is dismissed. The appeal as to the claim of entitlement to service connection for lumbar spine disorder is dismissed. The appeal as to the claim of entitlement to service connection for stomach disorder is dismissed. The appeal as to the claim of entitlement to service connection for sinusitis disorder is dismissed. The appeal as to the claim of entitlement to service connection for obstructive sleep apnea disorder is dismissed. The appeal as to the claim of entitlement to service connection for diabetes mellitus, type II, disorder is dismissed. FINDING OF FACT Before the Board promulgated a decision in this appeal, 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 with respect to the claim of entitlement to service connection for chronic cough disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for vertigo. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 3. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for heart disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 4. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for hernia. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 5. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for right foot disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 6. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for left knee disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 7. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for right knee disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 8. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for left shoulder disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 9. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for right shoulder disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 10. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for lumbar spine disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 11. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for stomach disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 12. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for sinusitis disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 13. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for obstructive sleep apnea disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). 14. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for diabetes mellitus, type II, disorder. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran had active service in the United States Army from June 1952 to May 1954. His service was under honorable conditions. The matters are on appeal from a May 2016 rating decision. Dismissal due to Death 1. Entitlement to service connection for chronic cough disorder. See argument Below at 14 2. Entitlement to service connection for vertigo. See argument Below at 14 3. Entitlement to service connection for heart disorder. See argument Below at 14 4. Entitlement to service connection for hernia. See argument Below at 14 5. Entitlement to service connection for right foot disorder. See argument Below at 14 6. Entitlement to service connection for left knee disorder. See argument Below at 14 7. Entitlement to service connection for right knee disorder. See argument Below at 14 8. Entitlement to service connection for left shoulder disorder. See argument Below at 14 9. Entitlement to service connection for right shoulder disorder. See argument Below at 14 10. Entitlement to service connection for lumbar spine disorder. See argument Below at 14 11. Entitlement to service connection for stomach disorder. See argument Below at 14 12. Entitlement to service connection for sinusitis disorder. See argument Below at 14 13. Entitlement to service connection for obstructive sleep apnea disorder. See argument Below at 14 14. Entitlement to service connection for diabetes mellitus, type II, disorder. 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 Veteran and must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. (Continued on the next page)   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 Veteran’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 (listed on the first page of this decision). 38 C.F.R. § 3.1010(b). B. MULLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sara Schinnerer, 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.