Citation Nr: 21011824
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 17-20 931
DATE: March 2, 2021

ORDER

1. Entitlement to an effective date prior to December 14, 2011 for the award of service connection for an acquired psychiatric disorder is dismissed.

2. Entitlement to an effective date prior to December 14, 2011 for the award of a 30 percent evaluation for ischemic heart disease is dismissed.

3. Entitlement to service connection for hand tremors is dismissed.

4. Entitlement to service connection for sleep apnea is dismissed.

FINDINGS OF FACT

In January 2021, VA was notified that the Veteran died in January 2021.

CONCLUSIONS OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to an effective date prior to December 14, 2011 for the award of service connection for an acquired psychiatric disorder; entitlement to an effective date prior to December 14, 2011 for the award of a 30 percent evaluation for ischemic heart disease; entitlement to service connection for hand tremors; and entitlement to service connection for sleep apnea.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1966 to May 1968. 

Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, appellants’ claims do not survive their deaths. This appeal on the merits to each issue 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.

In reaching this determination, the Board intimates no opinion as to the merits of the issue on 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. 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 (2012); see 38 C.F.R. § 3.1010(a) (2017).  

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Keninger, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.