Citation Nr: 21011113
Decision Date: 02/27/21	Archive Date: 02/27/21

DOCKET NO. 20-19 402
DATE: February 27, 2021

ORDER

Entitlement to a rating in excess of 20 percent for left lower extremity diabetic neuropathy from June 20, 2017 is dismissed. 

Entitlement to a rating in excess of 20 percent for right lower extremity diabetic neuropathy from June 20, 2017 is dismissed.

Entitlement to a compensable rating for bilateral hearing loss is dismissed.  

FINDING OF FACT

Before promulgating a decision on the appeals, the Board was notified that the Veteran died in February 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of these appeals at this time.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1960 to March 1964; and November 1965 to June 1982.

These matters come to the Board of Veterans’ Appeals (Board) on appeal from an August 2017 decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

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).  These appeals on the merits have become moot by virtue of the death of the Veteran 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 these appeals or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. 

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Wade

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.